Month: August 2005


  • David Chelsea

    August 7, 2005
    Here’s Looking at You, Kid
    By SPIKE GILLESPIE

    I woke up happy one morning, not taxed by too much work, not depressed, not sleep deprived. But my brain, forever searching for something to worry about, could not let this placid moment be and quickly started an argument with an imaginary boyfriend.

    “No,” I insisted, “You are not moving in. Things are good the way they are, and I’m not moving any of my stuff around to make room for yours. I don’t need a man in my house or my life.”

    I’d probably been completely single – not merely partner-free but free of dating, too – for a good four or five years at that point. And single is how I’ve spent the vast majority of my adult life. (I’m now 41.)

    The longest relationship I ever had weighed in at about four years. That was with my son’s father, to whom I was never married, and who left for good when the kid was 2.

    Single suits me fine. I have moments of deep, aching loneliness, but they never last long. If I live the rest of my days alone, I don’t think I’ll be sorry.

    And yet, despite my proclamations advocating the single life, I confess it is entirely possible I am protesting too much. Because while I have found a way to be content being single, I have not fully eradicated my lifelong desire for a mate. I know this is a mixed message – I love being single/I want a partner – and it is the deepest conflict in my life.

    Being single used to mean I wasn’t good enough or thin enough or whatever enough. These days I’m single in part because I am no longer willing to put up with what I used to in order to prop up one collapsing relationship after another. And therein, I suppose, lies the rub. Compromise, I tell my 14-year-old son, is the foundation of any successful relationship. You have to be willing to overlook some things.

    But I’ve overlooked enough things: cheating, obesity, addiction, unemployment and possibly covert homosexuality. And I am no longer willing to compromise in what I want from whom I desire. Also, I’m at an age at which I’m set enough in my own ways that the reality of having to fit someone else’s quirks and needs into my own space seems a rather tall order.

    But I do love men. Love them. And so, in lieu of a real boyfriend, I have come to rely on a string of male companions who have satisfied many, if not all, of my guy needs.

    In six years there have been six men, each sharing two characteristics: none have been lovers, and all have been younger. In some cases much younger. And a couple of times much younger.

    I mull causes for being repeatedly drawn to guys young enough to be my nephews. Am I a predator? Noncommittal? Do I have a need to mother these young men?

    The best I can come up with is this: I think I like young guys, especially guys in their 20′s, because, at heart, I am a guy in my 20′s. I have no real desire to marry. I don’t want (more) kids. I dress in jeans and flannels. I ogle beautiful young women. I enjoy takeout. I decorate my house with pieces of paper I find on the ground, and most of my furniture comes from the trash.

    But there are other reasons I love younger men. Because, despite appearances, these are not interchangeable Lego Men that I nonchalantly replace when one disappears (and eventually they always do). Each has been kind and adoring (at least for a while). And in all but one instance, each has been an improvement over his predecessor.

    Erik, five years my junior, was a self-proclaimed sex nut who was probably only teasing me with all his sex talk so I would feed him and slip him the small loans he always needed.

    Bob, who could recite poetry on command, appealed to my inner English major. Six years younger than I, he was nice about my obvious crush. I finally proclaimed love for both his mind and his mortal coil in a greeting card, dreaming the Shakespearean reference might win his heart.

    It did not.

    Shawn was all e-mail, another tease. Thirteen years between us. Also between us were his girlfriend and a mean streak.

    Ben, 16 years younger, was the nephew of my good friend. He and I became intensely close when he moved home after college awaiting assignment from the Peace Corps. My attraction to him wasn’t lust based, though he certainly is very attractive, but his voice matched the voice of my kid’s father, my longest, truest love. Maybe that created in me some innate bio-urge, my aging womb begging for one more chance before the old biological clock slammed shut my last window of opportunity.

    I joked with him about my urges, noting that turning 40 made me feel the need either to have another baby or start raising chickens. Within the week Ben had built me a coop, announcing, hammer aloft, “This is my version of Planned Parenthood for you.”

    AFTER Ben left for Belize, I started to fish around in the supernatural realm, asking the universe to resolve this deep conflict of mine, being happy alone yet feeling some deeper pull to find one-on-one love, a conflict that’s been nicely side-stepped, of course, in my headlong pursuit of these younger men I couldn’t have.

    My questions led me to the teachings of the psychic Sonia Choquette, who suggests making a wish box into which you place your three greatest desires. As I understood it, this helps you admit things you might be afraid to wish for out loud.

    I didn’t want to be stupid with my wishes. In my life I have been humbled by many things: an abusive father, a malignant ovarian tumor, a child who nearly died at birth. I decided to wish carefully. Rather than wish for a partner, I asked only for clarity: Do I want a boyfriend or don’t I?

    Not long after, an ex-boyfriend resurfaced. A decade of being apart had dulled my bad memories, and I found myself slipping toward resmittenism. Which is when I did a very dumb thing.

    I placed his business card in the wish box, convinced the feelings he’d evoked offered me not only an affirmative answer (YES! cried the Magic 8 Ball, It is certain! You DO want a boyfriend!) but went on to tell me who that person was.

    Of course this backfired. He didn’t call. And I quickly slipped from resmitten to retortured, envisioning him laughing maniacally each time he walked past his telephone, not calling. Thankfully some old therapy bubbled up and intervened before I could get to the part where I started listing all of the things about myself I should change to make him want me. Instead I extracted the card and took a match to it, not in a psychotic fashion, but merely for ceremony.

    The card, coated in some sort of plasticky finish, failed to burn, but it did give off choking fumes.

    Still, I had my answer. I did want a partner. I replaced the wish for clarity with a wish for a strong, fulfilling, monogamous relationship with a mutually loving partner.

    In addition, also based on the advice of Sonia, I wrote down the traits I wished for in my ideal man:

    Loves me.

    Loves my kid.

    Doesn’t want kids.

    Loves sex.

    Plays guitar.

    Isn’t an addict.

    Loves Japan.

    Good looking.

    Independent.

    Monogamous.

    Funny.

    Unfortunately I failed to put age appropriate, and shortly after I put the list in my wish box, the singer-songwriter Southpaw Jones played at a show where I was the M.C. As I stood introducing him, I was overwhelmed with some bolt of lightning feeling I couldn’t explain. It startled me and I blurted out to the large audience that here was a man I wished were older because I would jump him in a heartbeat.

    Southpaw took it in stride, claiming to be 37, then admitting that number was 10 years too old, then covering his bases by saying he thought 14 years was a good age spread between partners. His grace under my Mrs. Robinson pressure (as well as his gorgeous performance that night) stuck with me.

    I sent him a long letter in which I re-emphasized my crush upon his tender heart and wished there was some way for us to time travel across our chronological chasm. I did so from the clear stance of an older woman who knows she’s an older woman and recognizes the difference between fantasy and reality. I did not literally proposition him, only wished he’d been around when I was his age.

    Maybe, more accurately, I wished that when I was his age I’d had the confidence to make sincere and bold statements of love to good-hearted and deserving men.

    Instead, too shy, too unclear of what I wanted, all I could do was lube myself up with alcohol and fall into bed with one man or another, all of them terribly wrong. For whatever reason, I wasn’t able to voice what I want now and must have wanted then, too, the thing we all want, the most simple and elusive thing in the world: to be and feel truly, deeply loved, and to share that love with equal depth.

    I invited Southpaw to supper, hoping simply for friendship, which I promptly got. He likes me, gives me gifts, sings me songs, laughs at my jokes, does not rush to go. He is not my boyfriend and never will be, but his presence in my life has been like a bridge for me, carrying me out of my ambivalence, letting me see what’s possible, opening my heart.

    Some day, soon enough, Southpaw will find a girlfriend, a woman closer to his own age, whom he will love deeply and who will love him back equally.

    And I’ll be happy for him. It’s what he deserves. It’s what we all deserve.

    Spike Gillespie, who lives in Austin, Tex., is working on a book about anger for Seal Press to be published in spring 2006. This essay is adapted from the anthology “Single Woman of a Certain Age,” to be released in October by Inner Ocean Publishing.

    E-mail: modernlove@nytimes.com

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  • August 7, 2005

    Cancel the Party, Dear. We’ll Celebrate Alone.




    Dieter Zetsche may think twice about having a party to celebrate his promotion to chief executive of DaimlerChrysler after the trouble his wife has caused with an event of her own.


    Gisele Zetsche could be fined $500 for a June 18 graduation party she gave for a 19-year-old family friend. According to a police report, neighbors complained of noise, open drinking and objects being thrown at cars from the Zetsches’ home in Bloomfield Township, Mich. Mrs. Zetsche’s court appearance, which was scheduled for last week, has been postponed until September.


    The police said they cited 20 people for underage drinking at the party, which drew a crowd of about 100. According to a police report, Mrs. Zetsche acknowledged buying beer for her young pal (the state’s legal drinking age is 21), but officers said they also found empty liquor bottles and margarita mix.


    If Mr. Zetsche does go ahead with a goodbye party for himself, he may want to be very careful about checking ID’s. Micheline Maynard


    HOLLYWOOD NORTH What led two former Hollywood hotshots, Jeff Sagansky and Kerry McCluggage, to sign on with Peace Arch Entertainment, a little-known Canadian production company?


    After all, Mr. Sagansky, 52, was the president of Tri-Star Entertainment when it made successful films like “Glory” and “Steel Magnolias.” His friend, Mr. McCluggage, was just 25 when he became a vice president of Universal Television, overseeing popular series like “Miami Vice.”


    Peace Arch, by contrast, is known for cable movies and occasional theatrical duds like “The Good Shepherd” (a Christian Slater vehicle about a priest’s spiritual crisis, not Robert De Niro’s widely anticipated C.I.A. film of the same name).


    Mr. McCluggage said the attractions were creative control and a chance to invest. “Jeff and I have made a lot of money for some big companies over the years,” he said by phone while vacationing in Hawaii. “But for a long time we have wanted to get together and build some businesses that allow us a little more freedom.”


    The men invested $2 million in Peace Arch, giving them 9 percent of its stock, and will help it pick projects to pursue. Robert Johnson


    JUST FIRED? It is a busy summer for corporate job cuts – so far this year they are running 18 percent ahead of 2004, according to the outplacement firm Challenger, Gray & Christmas – but there is some consolation, of sorts.


    Recent downsizees can share their stories and vent their spleens on SimplyFired.com, and while they’re at it, they can compete for a cruise with contestants from “The Apprentice.”


    The site is run by SimplyHired.com, an online job search engine. The contest for “captivating and compelling” tales of firings and layoffs will be judged by Silicon Valley demicelebrities including Mark Jen, whom Google fired for blogging about the company, and Philip J. Kaplan, who runs a layoff-theme Web site whose name is a vulgarism for “failed company.”


    The grand prize includes a cabin aboard an “Apprentice”-theme cruise next month. Donald J. Trump, who revived his public persona by famously barking “You’re fired” on the reality program, will give a send-off speech in New York.


    Louise Story





  • Margaret Riegel


    August 7, 2005

    Now, if My Software Only Had a Brain …




    THIS is one more chapter in a continuing story: the quest for intelligent software.


    Soon after I stored my first file on my first computer, I began dreaming of how I could “save time” through some automatic means of organizing the data I was salting away. That was back in the 70′s, and the computer was the Processor Technology SOL-20, an elegant antique that was housed, like a Viennese music box, in a burled walnut case.


    The years have passed, and I’ve faced the truth that this dream will never be realized. Partly, that’s because the goal is unattainable: a program that will recognize which details are important and which are connected to which others, even if I don’t immediately see that myself. But the more important obstacle is that, in software as in life, there is no shared concept of the best approach. People think and work differently, so a system that is perfect for one person is too complicated – or too simple – for someone else. Even the same person has different tastes at different times.


    So I keep looking, not for an ideal program but for one whose combination of strengths and weaknesses is useful in some new way. In that spirit, I mention several that I’ve been using and admiring recently. These three programs represent slightly varying approaches to one big challenge: how to save, store, organize and eventually retrieve bits of information that come into the computer, mainly through Web browsing.


    A practical way to master information from Web pages is so important that new programs for this purpose keep appearing. Those I have described in recent months (and still like) include Microsoft OneNote, with its attractive look and its integration with other Microsoft programs; Zooter from Zootsoftware and ADM from Advanced Data Management, which offer extensive ways to organize data once they have been captured; and Surf Saver from AskSam, with fast searches of stored pages. (Unless noted, all software can be found at Web sites with the name of the company or product.)


    Three more to consider are EverNote, Onfolio and Net Snippets. In functions, they are similar. With any of them, you can easily store a full Web page, or selected passages or any other material on your computer screen; you can apply a label or classifying information or just send the data to a general slush pile for later review; and you can search and reclassify the stored material at any time. The programs are also designed for journal entries, to-do lists and anything else you may want to jot down. All offer 30-day free trials. After that, basic versions of Net Snippets and Onfolio are free; EverNote’s basic version costs $29.95. More advanced versions of each program are available at higher prices. The programs work with most major browsers, notably Internet Explorer and Firefox, but they run on the Mac only under the Virtual PC utility.


    Their differences are in style. EverNote’s big idea is the time band, a kind of chronological ruler that runs down one side of the screen. As each bit of information is stored, it is attached to its specific point in the great river of time. The underlying insight, similar to the work of David Gelernter, a computer scientist at Yale, is that sequence of arrival is one of the brain’s fundamental organizing concepts. EverNote has a variety of other unusual features, many aimed at people who take notes in handwriting on tablet computers.


    Onfolio’s comparative advantage is in handling feeds of R.S.S., for really simple syndication, and other regular inflows of information. Its professional version also has many tools for publishing the information you’ve organized, in a blog or other formats.


    Net Snippets, in its basic version, is the simplest of the three. A little square icon sits on one side of the screen. You click on it or drag information to it whenever you want to store something, which you can dig up later with a search. I usually end up using Net Snippets, precisely because it is so easy. But all are worth trying. While this stage of computing hasn’t given us the ideal program, if offers something to appeal to most tastes.


    Now, an update on another front: the nonstop evolution of Google’s product line. Google and Microsoft are often mentioned as the rival titans of today’s computing world, but the news of the last month shows how fundamentally different their positions are.


    Microsoft recently began distributing trial copies of its next version of Windows. It was known as Longhorn through its long development stage, but it will be called Vista when it goes on sale to consumers next year. Because its operating systems have become the technical standard on which so much of the world’s software is based, Microsoft can no longer do anything by surprise. By the time Longhorn/Vista reaches consumers, its features and elements will have been known and discussed for many years within the industry.


    Google has also become a de facto standard-setter. Whenever it adjusts the secret formula used to determine each Web site’s page rank, companies that have optimized their sites to come up near the top of Google search results must scramble to react. But because Google provides only an indirect service to these other companies, rather than supplying a part of their technical underpinning, as Microsoft does, it can change what it does with a minimum of warning to the outside world.


    From the typical user’s point of view, this mainly means that new Google features show up unexpectedly – and often. Without fanfare last month, Google improved its map service with a hybrid view, which overlays street names on satellite photographs. At about the same time, Microsoft released its new Virtual Earth service, at virtualearth.msn.com, with a built-in hybrid view and, in some cases, satellite photos that seem sharper than Google’s.


    Also this summer, Google released Google Earth (earth.google.com), a free version of what had been an expensive product called Keyhole. It offers satellite and mapping data for the entire world, albeit with varying degrees of clarity. It has two simple-sounding but fascinating features: a tilt view, which approximates a 3-D perspective on terrain, and a flying view, which approximates the look of flying from point to point.


    One other Google feature involves Gmail, its e-mail message service. A free utility from a site in Denmark lets you use each free Gmail account as a 2-gigabyte supplement to your own computer’s storage. This is valuable for transferring files and for backup. The utility is at viksoe.dk/code/gmail.htm.


    James Fallows is a national correspondent for The Atlantic Monthly. E-mail: tfiles@nytimes.com.






  • Scott Gries/Getty Images
    DJ Clue, above, was a client of Gabriele Smith. She has been accused of stealing from investors.


    August 7, 2005
    A Money Scandal That’s Rocking Hip-Hop
    By JEFF LEEDS

    GABRIELE T. SMITH seemed to carry an all-access pass to rap music’s circles of power. Usually decked out in designer clothes, she vacationed with the music supercouple Jay-Z and Beyoncé in the Caribbean. She dined at Mr. Chow in Manhattan. She traveled in style to the N.B.A.’s All-Star game.

    In fact, Ms. Smith had nestled so comfortably into the bling-encrusted embrace of the industry’s heavyweights that she established herself as the money manager to the stars. At major investment houses and then through her own company, Premier Business Management L.L.C. in New York, Ms. Smith built a client list that included the president of the Def Jam Recordings label, rap stars like Fabolous and DJ Clue, and an assortment of wealthy young music executives.

    These days, however, many of those same executives and artists are accusing Ms. Smith, a 35-year-old stockbroker and former talent scout, of running an elaborate hustle. In lawsuits filed against her and the banks where she maintained accounts, former clients say Ms. Smith stole more than $3 million, using some of their money to pay other investors and pocketing the rest.

    In addition to the lawsuits, which have been filed in New York Supreme Court in Manhattan, public records indicate that at least one client has undertaken private claims against her former employers, Morgan Stanley and Prudential Securities, in arbitration proceedings. The firms declined to comment on the claims. J. P. Morgan Chase and HSBC, two banks named as defendants in some of the lawsuits, also declined to comment.

    Ms. Smith has also been indicted on federal charges that mirror many of the allegations in the lawsuits, according to people briefed on her case. The charges, in Federal District Court in Brooklyn, are under seal, which is sometimes a sign that prosecutors may offer a deal for a defendant’s cooperation in another case.

    Whether Ms. Smith possesses any information that authorities may find useful is a mystery. There is speculation in rap circles that she may provide information in another federal inquiry, this one into suspicions of money laundering involving a convicted drug dealer, Kenneth McGriff, and the rap music label Murder Inc. Ms. Smith’s company managed a bank account from which it paid business and personal expenses “on behalf of” Mr. McGriff, according to a document filed by prosecutors. Investigators have seized the account. Mr. McGriff and others involved in the case are scheduled to go on trial in October.

    While the various civil and criminal cases inch through the courts, Ms. Smith’s former clients say they are angry, embarrassed and trying to figure out: How could she have bamboozled some of the savviest players in hip-hop?

    To be sure, Ms. Smith had a résumé that was outwardly impressive, and she exuded a cheery confidence that together with her appearance – her long dyed-blond hair and her easy smile – gave her the air of a sorority house pledge, former clients said. And she was dating a trusted music industry insider, Michael Kyser, then the vice president for promotion at Def Jam. More than any of that, though, she had – aptly enough, for someone whom friends call Gabby – the gift of gab, her clients said.

    In a brief telephone conversation, however, Ms. Smith declined to comment on the record for this article. Her criminal defense attorney, Kenneth A. Paul, declined to discuss her case in detail or to confirm the filing of charges. “I understand people who say they were victimized and say they lost money are upset,” he said. “I don’t think it’s fair to attribute their losses to Gabriele Smith.”

    MS. SMITH certainly came a long way in relatively short order. Regarded as a show-business washout less than a decade ago, she turned around her fortunes as a financial adviser: buying a $564,000 hilltop house in the small town of Pomona, N.Y., about 40 miles north of New York City; acquiring a black Range Rover to drive into the city; and indulging her fondness for trendy clothes and accessories that even extended to a plush Louis Vuitton carrying case for her beloved Yorkshire terrier, Dior.

    Anyone who visited Premier Financial in Manhattan would have seen a hive of activity. In a fourth-floor suite on West 38th Street, near Fifth Avenue, Ms. Smith and her employees scrambled to provide the services that many celebrities expect of their business managers – from investing their savings to paying their bills.

    (Ms. Smith’s company is not related to Premier Financial Advisors Inc. on East 60th Street.)

    Yet the lawsuits contend that her proficiency in finance served no one better than herself. In court papers and interviews, several former clients said she forged their signatures to make unauthorized withdrawals and fabricated account statements to cover up the transactions.

    “At one point she was one of the most trusted financial advisers in the business, and it’s painstakingly obvious that she’s ruined that,” said Jasmine Young Trinidad, a former Def Jam executive who is known as Jazz and was one of Ms. Smith’s clients. “People in the business are feeling outraged and betrayed.”

    Ms. Smith, it turns out, always wanted to make a name for herself in the music business. After attending the University of Maryland – where she did not earn a degree, according to a university spokeswoman – she spent some time paying her dues at entry-level jobs at Jive Records and then Def Jam. By 1995, she landed a job as an artist-and-repertoire executive, or talent scout, for Tommy Boy Records, an independent label known for delivering hits by performers including Queen Latifah and the group Naughty by Nature.

    Monica Lynch, Tommy Boy’s former president, recalled that Ms. Smith “had a very bubbly, effervescent personality; she was fun.” While other former associates say that Ms. Smith appeared fascinated by the trappings of fame, Ms. Lynch said Ms. Smith “didn’t have a lot of the diva behavior that sometimes one associates with the younger generation of A.& R. people.”

    Unfortunately for Ms. Smith, she didn’t seem to have an ear for platinum-selling talent, either. Her career at Tommy Boy was unexceptional; she was credited with being a co-supervisor for talent on the soundtrack for the gritty 1995 movie “New Jersey Drive,” and is listed as executive producer on the debut CD from an underground rapper, Big Noyd. The soundtrack went on to sell about 400,000 copies, a modest success, but none of her other projects generated significant sales, and Ms. Smith left the label after about a year. Her career in music appeared to have stalled before it had gone very far.

    It was then, former associates say, that she decided to reinvent herself, by studying for and passing the stockbroker’s exam. Soon after she landed a job as a broker at Morgan Stanley, in 1997, she tried to tap back into the music industry’s glitz by recruiting former colleagues to use her as a broker. One former colleague who spoke on condition of anonymity recalled handing the rookie stock trader several thousand dollars, which grew rapidly after Ms. Smith invested in technology shares just as the bubble was starting to build. She soon signed up Kevin Liles, then the president of the Def Jam label and one of the most prominent executives in the music business.

    She also branched out to celebrities in other fields. In November 1999, according to court papers, she met Walter Berry, the former St. John’s basketball star who played for three seasons in the N.B.A. After a mutual acquaintance introduced them, Ms. Smith met with Mr. Berry and his wife, Tammy, at their home in New Jersey and persuaded them that she could generate a healthy return on their retirement savings, according to court records; they say that they initially invested $1 million, and that Ms. Smith guaranteed a return of 20 percent.

    Along the way, former clients say, Ms. Smith appeared to be a thoughtful and shrewd investor, an impression reinforced when Black Enterprise magazine quoted her in a February 2000 article entitled “Investing for the Long Haul.” In that article, Ms. Smith, then an associate vice president working in Morgan Stanley’s offices in White Plains, shared her philosophy on the subject: “When investors come to me, I tell them that they should know how much money they have to invest, the amount of time they need to reach their investment goal and how much risk they can tolerate.”

    Her customers had become loyal enough that in 2001, when Prudential Securities hired her away from Morgan Stanley, many shifted their assets to Prudential to stay with her. Just a few months later, however, in October 2001, Ms. Smith left. Prudential discovered that she had started her own financial management firm while still working for the company.

    “Gabriele Smith never asked our permission to be involved with this outside company,” a Prudential spokesman, Jim Gorman, said last week. “When we found out about it, we took steps to prevent her from continuing to be associated with the outside company.” He declined to elaborate.

    By the end of that year, Ms. Smith had formally hung out a shingle as an independent business manager, providing investment advice and accounting services. Industry executives said she was constantly trolling for new clients in music circles, and thanks in part to her busy social calendar – which included attending exclusive events on the arm of her boyfriend, Mr. Kyser – she had ample opportunity. Mr. Kyser vouched for her, her former clients said.

    She signed up Richard Ford, known as Skane, a partner in the Desert Storm record label, and he in turn referred several associates, including DJ Clue, Mr. Ford said. Ms. Smith signed up Ms. Trinidad, the general manager of Bloodline, a label distributed by Def Jam; and Carline Balan, executive assistant to the Def Jam rap star Jay-Z.

    In a brief interview last week, Mr. Kyser, now an executive at Atlantic Records, denied having solicited clients for Ms. Smith. “Everybody knows me and everybody knows my reputation,” he said. “This was a business that she created, I didn’t handle the day-to-day. I had nothing to do with the business.” Mr. Kyser and Ms. Smith ended their relationship some time ago.

    But as Ms. Smith built her practice, there were signs that her clients might be exposed to more risk than they realized, according to court papers. Mr. Berry and his wife, for instance, said in their suit that at the end of 2000, the first year that Ms. Smith handled their retirement savings, she sent them a check for $120,000. She said it was a return on their investments. When they asked why the amount didn’t add up to the promised 20 percent annual return – $200,000 – Ms. Smith said the difference had been withheld for taxes, the suit says. The Berrys accepted that explanation that year, and the next.

    AS she enjoyed the high life, Ms. Smith seemed on top of the world. In October 2002, Mr. Kyser proposed to her at a concert in Boston, where Jay-Z brought the couple on stage and introduced them to the crowd, according to people who attended.

    But the party that seemed to surround Ms. Smith was about to come to a halt. Her clients started discovering that bills supposedly handled by Ms. Smith had not been paid. Mr. Ford, for example, recalled getting an unexpected warning from his mortgage company. He said that Premier was supposed to have made the payments.

    Mr. Ford was in for an even bigger shock when he visited an account executive at Prudential, where he believed that Ms. Smith had been supervising roughly $700,000 of his savings. “He’s like, ‘Hey, it’s nice to finally meet you face to face,’ ” Mr. Ford recalled. “I had never spoken to him before. When he said those words, I said to myself, ‘I’m wiped out.’ I knew what time it was.” Mr. Ford said the Prudential executive told him that he had only $17,000 left in his account; the rest is missing.

    John T. McGuire, a securities lawyer representing Mr. Ford and several other former Premier clients, said records he obtained while preparing his case showed that most of the money never made it to Prudential, and that some of the money that was deposited had been transferred out with forged signatures.

    But the rudest awakening of all for Premier’s clients – and, presumably, for Ms. Smith herself – came on Jan. 3, 2003. That was when federal authorities raided her offices as part of their investigation of Mr. McGriff – whose drug-dealing organization dominated the Baisley Park housing project in Jamaica, Queens, in the 1980′s – and Murder Inc., the music label headed by Irving Lorenzo.

    The investigators were particularly interested in documents relating to an account that Premier had maintained for Mr. McGriff as the executive producer of a straight-to-video film called “Crime Partners,” according to court records. They said the movie had been used to help Mr. McGriff, sometimes known as “Supreme,” launder profits from his drug business. A spokesman for the United States Attorney’s Office declined to comment for this article.

    According to people involved in the case, Ms. Smith’s company also handled money for Ronald Robinson, an artist manager also known as Gutta, whom the authorities have indicted on money-laundering charges.

    Mr. Robinson, who represents Murder Inc.’s biggest act, the rapper Ja Rule, had been frustrated with Ms. Smith’s delays in paying his bills, according to one person involved in the dispute, and had decided to fire her just before her office was raided.

    Ms. Trinidad said that shortly after the raid, she asked Ms. Smith to bring a statement of her finances when they were to meet on another matter. Ms. Smith, she said, arrived with a statement from an investment firm called A&T Financial showing that she had roughly $70,000 in an account – about half of what she had entrusted to Premier.

    Ms. Trinidad said she drove to an HSBC bank branch, where she knew Ms. Smith maintained a number of bank accounts. There, she said, she learned that A&T Financial was not a registered financial-services company, but apparently nothing more than a name on a checking account controlled by Ms. Smith.

    Over the next few weeks, Ms. Trinidad said, she demanded her money back, at one point trying to enlist Mr. Kyser, one of her Def Jam colleagues, to press Ms. Smith during a three-way phone call to return the money. Ms. Trinidad said she even drove to Ms. Smith’s home in Pomona one evening, where Mr. Kyser came to the door wearing his boxer shorts. Ms. Trinidad said that he telephoned Ms. Smith, who told him to call the police. (He didn’t.)

    Ms. Trinidad, who now owns the Fat’s Chicken and Rib Joint restaurant in Teaneck, N.J., said she has yet to recover a penny.

    Indeed, the only client known to have recovered their money is Ms. Balan, who had also aggressively pursued Ms. Smith until she retrieved her $100,000. “I feel blessed that I got my money back,” she said.

    Several other former clients have hired lawyers in efforts to recover their savings or investments, primarily by pursuing the banks and brokerage firms that they say should have been paying closer attention to Ms. Smith’s business dealings. Mr. and Mrs. Berry, for example, have pursued private arbitration claims against Morgan Stanley and Prudential, records show, and have a lawsuit pending against HSBC.

    MR. FORD, who along with the Berrys is represented by Mr. McGuire, has sued J. P. Morgan Chase. Mr. Liles, now an executive vice president at the Warner Music Group, has sued Ms. Smith, saying he lost about $450,000 that he had invested with Ms. Smith when she was at Morgan Stanley and Prudential. He declined to comment for this article.

    Mr. McGuire said, “We’ve combed through thousands of pages of bank records to try and trace the money,” and even interviewed Ms. Smith after she had discharged her civil lawyers. “We have recovered several million dollars for people who were victimized from the financial institutions that were supposed to supervise her,” he said. “We expect to have some success in recovering additional funds.”

    Ms. Trinidad said she plans to sue, too, if only to help her understand what happened. “This was part of my nest egg,” she said. “I’m dying to know: Where did the money go?”

    Copyright 2005 The New York Times Company Home Privacy Policy Search Corrections XML Help Contact Us Work for Us Back to Top


  • Rick Friedman for The New York Times

    James R. Tobin, the chief executive of Boston Scientific, which depends on the Taxus drug-coated stent for more than half its earnings


    August 9, 2005

    The Stent Is a Superstar, but What About an Encore?




    Few companies have ever enjoyed a product success like Boston Scientific did when it introduced its Taxus stent to the American market 16 months ago.


    Taxus blew by records for a new health care product – even such high-profile drugs as Viagra – topping $2 billion in domestic sales in its first year. And the stent, a tiny drug-coated metal sleeve inserted into arteries near the heart to keep them open after doctors remove blockages, is unusually lucrative for a medical device, generating profit margins of more than 90 percent.


    But Taxus has proved to be a decidedly mixed blessing for Boston Scientific. It has transformed the company from one known for a broad but obscure array of medical devices into a cash-rich powerhouse – but one dependent on a single high-profile product for more than half its earnings.


    Practically overnight, the bar for future success rose much higher, and Wall Street quickly concluded that nothing else in Boston Scientific’s new product portfolio could measure up.


    Also, in recent months courtroom battles over Boston Scientific’s patents and technology – most notably with its giant rival in stents, Johnson & Johnson – have raised questions about the company’s ability to enhance its current Taxus line.


    Those disputes also muddy financial forecasts for Boston Scientific, which could end up spending billions of dollars in royalties and penalties, depending on the outcomes of the legal cases.


    Boston Scientific’s share price peaked at $45.81 on April 5, 2004, a month after Taxus burst from the starting gate. Investors bet – correctly, it turned out – that Taxus would have trouble expanding its share of the stent market beyond the 70 percent it soon seized from the market pioneer, Cypher by Johnson & Johnson. The closing price yesterday was $28.85 a share, about 37 percent below last year’s peak.


    In a kind of Catch-22, the depressed price is, in turn, making it harder for Boston Scientific to make any bold move to change Wall Street’s thinking about the company’s near-term growth prospects. Peter B. Nicholas, the company’s chairman and largest shareholder, frankly acknowledged that he had been counting on a Taxus-fueled surge in the share price to help pay for acquisitions as large as $20 billion.


    “My strategy was to hunker down, focus on Taxus and then use the stock as currency,” Mr. Nicholas, 64, said during a recent interview at the company’s headquarters in Natick, Mass.


    Now it is clear there will be no megadeal shortcuts to achieving the financial power and name recognition of Medtronic, the leading medical device company, which generated $10.05 billion in revenue in the fiscal year ended April 30. And Mr. Nicholas’ vision of Boston joining the ranks of the world’s largest, most diversified health care giants like Johnson & Johnson looks hazier still.


    Taxus lifted Boston’s revenue to $6.31 billion for its most recent four quarters. The cash has allowed Boston to buy back stock – $1.1 billion worth since last fall – and is stirring speculation the company would soon begin paying a stock dividend.


    But Mr. Nicholas lacks the financial heft to acquire St. Jude Medical, one of three major players with Medtronic and Guidant in the fast-growing billion-dollar market for implants that regulate heart rhythms, or to buy a major orthopedics company like those owned by Medtronic and Johnson & Johnson.


    Instead, Boston is striking smaller deals at a rapid pace. In the second quarter of this year, for example, it spent $203 million on three such acquisitions related to its current businesses.


    These were TriVascular, a start-up in Santa Rosa, Calif., that is developing a fabric-covered stent for reinforcing potentially deadly weak spots in the wall of the main artery carrying blood to the lower part of the body; CryoVascular Systems, based in Los Gatos, Calif., which makes a device that cools the inner walls of leg arteries after blockages have been cleared, a stentless way to prevent new blockages from forming; and Rubicon Medical of Salt Lake City, which is developing a tiny filter to trap tissue released into the blood stream during operations.


    Boston Scientific spent over $1 billion on 16 such deals last year and expects to match that figure in 2005. Placing many small bets limits the chances for a high-profile fiasco. But it puts intense pressure on James R. Tobin, Boston Scientific’s chief executive, and his second in command, Paul LaViolette, to wring more growth from Taxus and accelerate the development of the increasingly diverse product portfolio.


    Boston’s second-quarter earnings last month only added to the questions about the momentum of the Taxus juggernaut. While sales of Boston’s other products expanded and sales of Taxus overseas grew enough to lift overall revenue 11 percent from a year ago, Taxus’s $467 million in domestic sales was a 6 percent decline from the first quarter. Moreover, the device’s domestic market share fell below 60 percent.


    The immediate danger for Taxus is the erosion of its lead over Cypher, a growing threat because of accumulating clinical data suggesting that Cypher may have some health advantages over Taxus. And starting this year in Europe and as early as 2007 in the United States, Taxus could lose 10 percent or more of the market to Medtronic’s Endeavor stent, which gained European regulatory approval last month.


    Everybody wants a piece of the lucrative business. Guidant, which is in the process of merging with Johnson & Johnson, is developing a drug-coated stent expected to hit the market by 2008. So are Abbott Laboratories and Conor Medsystems. Boston plans to counter by introducing improved versions of Taxus.


    Any news that casts a shadow over Taxus only heightens concerns about prospects for the rest of Boston’s business. “The market had never before been so demanding to know what was coming next in our pipeline,” Mr. Nicholas said.


    Still to come are items like disposable endoscopes for colonoscopies and tiny electrical implants to treat migraine headaches and urinary incontinence.


    There are also high hopes for a device that would use sound waves to seal quickly the punctures in veins from catheters and a new type of defibrillator being developed by Cameron Health, a start-up company that Boston has an option to buy.


    Some of these devices could become products worth $500 million or even $1 billion in sales. But those closest to introduction face hurdles that could slow their arrival while others, like Cameron’s device, have yet to begin human clinical trials.


    “Boston’s overall sales growth is going to slip to 5 percent in the second half of this year and go flat in 2006,” said Matthew Dodds, an analyst at the Smith Barney division of Citigroup who follows the industry and says the stock is fully valued. “The new-product portfolio Boston is piecing together can restore double-digit earnings and sales growth, but it will probably take until 2009.”


    Mr. Tobin is working against the headwind of the company’s long-running patent battles with its archrival, Johnson & Johnson, and a bitter dispute over who is to blame for the breakup of a partnership with Medinol, an Israeli device maker. Analysts say each conflict could end up costing Boston Scientific billions in royalties and penalties.


    “They don’t know how much money they have to spend until they know how much they have to pay J. & J. and Medinol,” said Mark Landy, who follows Boston Scientific for the Susquehanna International Group in Bala Cynwyd, Pa.


    The Medinol trial in federal court in New York, which is expected to conclude early next month, is rife with passionate allegations of betrayal and double-dealing. Medinol has cast Boston Scientific as a Goliath that undermined their marketing partnership so that it could grab control of Medinol’s stent designs.


    Boston Scientific has said its actions, including setting up secret production in Ireland, stemmed from justifiable efforts to protect itself from constant threats by Medinol to cut off stent supplies. Any breaches of its contract with Medinol, its lawyers contend, were minor.


    The patent litigation with Johnson & Johnson is far drier but it may be more important. Some analysts worry that a jury decision June 21 in federal court in Delaware upholding Johnson & Johnson’s patents could allow it to block the introduction of improved versions of Taxus. The verdict is being appealed. If it stands, Johnson & Johnson could try to block the sale of new forms of Taxus as soon as Boston seeks federal regulatory approval for them.


    Boston got heartening news July 1 when a second case in Delaware ended with a verdict, also being appealed, that Johnson & Johnson’s stents infringed on two Boston patents. Analysts speculated that the verdict could encourage Johnson & Johnson to negotiate cross-licensing agreements to end the litigation.


    But Johnson & Johnson may well conclude that there is a tactical advantage to lodging all possible appeals and letting the cases drag on. Johnson & Johnson is so large and so much less dependent on stents that the battle has little or no impact on its stock. By keeping the pressure of litigation on Boston, it may be hurting Boston financially more than it could by collecting royalties.


    The optimistic reading of the legal turmoil is that it forces Boston to stick to a strategy that it had mastered even before the arrival in 1999 of Mr. Tobin: niche-by-niche market development. Mr. Tobin, a former president of Baxter International and chief executive of Biogen, has brought an emphasis on stringent performance and quality standards to Boston’s manufacturing, distribution and product development.


    With no megadeals pending, Boston can focus that operational discipline on preserving the Taxus franchise and surpassing Wall Street expectations in its diverse smaller investments, according to analysts who say the stock is undervalued.


    “It’s built on products that are singles and doubles,” said Lawrence Keusch, a Goldman Sachs analyst who has followed Boston Scientific ever since his firm led its initial public offering in 1992. “It is first or second in nearly all of its markets outside coronary stents, and if you execute well, they can start to add up.”






  • HBO (“The Sopranos”); Getty Images (computer); Illustration by The New York Times


     


     






    Daniel I. Videtto, the president of MicroPatent, was the victim of a cybercrook who tried to extort $17 million but eventually was caught


    August 7, 2005
    The Rise of the Digital Thugs
    By TIMOTHY L. O’BRIEN

    EARLY last year, the corporate stalker made his move. He sent more than a dozen menacing e-mail messages to Daniel I. Videtto, the president of MicroPatent, a patent and trademarking firm, threatening to derail its operations unless he was paid $17 million.

    In a pair of missives fired off on Feb. 3, 2004, the stalker said that he had thousands of proprietary MicroPatent documents, confidential customer data, computer passwords and e-mail addresses. Using an alias of “Brian Ryan” and signing off as “Wounded Grizzly,” he warned that if Mr. Videtto ignored his demands, the information would “end up in e-mail boxes worldwide.”

    He also threatened to stymie the online operations of MicroPatent’s clients by sending “salvo after salvo” of Internet attacks against them, stuffing their computers so full of MicroPatent data that they would shut down. Another message about two weeks later warned that if he did not get the money in three days, “the war will expand.”

    Unbeknownst to the stalker, MicroPatent had been quietly trying to track him for years, though without success. He was able to mask his online identity so deftly that he routinely avoided capture, despite the involvement of federal investigators.

    But in late 2003 the company upped the ante. It retained private investigators and deployed a former psychological profiler for the Central Intelligence Agency to put a face on the stalker. The manhunt, according to court documents and investigators, led last year to a suburban home in Hyattsville, Md., its basement stocked with parts for makeshift hand grenades and ingredients for ricin, one of the most potent and lethal biological toxins. Last March, on the same day that they raided his home, the authorities arrested the stalker as he sat in his car composing e-mail messages he planned to send wirelessly to Mr. Videtto. The stalker has since pleaded guilty to charges of extortion and possession of toxic materials.

    What happened to MicroPatent is happening to other companies. Law enforcement authorities and computer security specialists warn that new breeds of white-collar criminals are on the prowl: corporate stalkers who are either computer-savvy extortionists, looking to shake down companies for large bribes, or malicious competitors who are trying to gain an upper hand in the marketplace.

    “It’s definitely a growing issue and problem, and it’s something we think will definitely increase in both the numbers and severity,” said Frank Harrill, an agent with the Federal Bureau of Investigation who specializes in computer crimes and who has investigated corporate stalkers and online extortionists. The reason, he said, is that “the Internet is ceasing to be a means for communication and commerce and is becoming the means for communication and commerce.”

    Though the number of corporate stalkers appears to be growing – along with the number of payoffs to online extortionists – quantifying the dimensions of the threat is difficult. Last fall, a researcher at Carnegie Mellon University in Pittsburgh published a study of online extortion involving small and medium-sized businesses, saying that the Internet’s global reach had produced “a profound change in the nature of crime, as the existence of information systems and networks now makes criminal acts possible that were not before, both in increased scope and ease.”

    THE study also concluded that while the threat of cyberextortion was real and mounting, data and research about the subject were scant. That is because most businesses, particularly blue-chip companies, are concerned about negative publicity from computer security breaches and do not want to report digital bullying and intrusions to law enforcement officials.

    “Cyberextortion was the main threat I identified that I thought corporations were overlooking,” said Gregory M. Bednarski, the author of the Carnegie Mellon study, who now works at PricewaterhouseCoopers as a computer security consultant. “Unfortunately, I think that’s still the issue – most companies are still not taking cyberextortion seriously enough. They just don’t see themselves as vulnerable.”

    MicroPatent, based in East Haven, Conn., realized firsthand how vulnerable its data was. The company was also an exception in the world of cyberextortion victims: it chose not only to fight back and to contact the authorities, but it also assembled its own team of specialists familiar with the strategies and weaponry of cybercriminals.

    Even so, MicroPatent’s stalker, using hijacked Internet accounts and pirated wireless networks, was remarkably elusive. “What this means is that the criminals are getting smarter,” said Scott K. Larson, a former F.B.I. agent and a managing director of Stroz Friedberg, a private investigation firm that helped hunt down MicroPatent’s stalker. “There’s an arms race going on in cyberspace and in cybercrimes.”

    MicroPatent, a business that court papers describe as one of the world’s largest commercial depositories of online patent data, first came under attack four years ago. Someone penetrated the company’s databases and began transmitting phony e-mail messages to its customers. The messages were what are known as “spoofs,” online communications – embroidered with pilfered company logos or names and e-mail addresses of MicroPatent employees – that are meant to trick recipients into believing that the messages were authorized.

    The spoofs, according to court papers and investigators, contained derogatory comments about MicroPatent in the subject lines or text. Some included sexually explicit attachments, such as sex-toy patents that a computer hacker had culled from the company’s online files.

    MicroPatent and its parent company, the Thomson Corporation, did not respond to several phone calls seeking comment. But others with direct knowledge of the hunt for the company’s stalker said MicroPatent, which had grown rapidly through acquisitions, had a computer network containing stretches of online turf that were once used by acquirees but were abandoned after the takeovers.

    Those digital back alleys offered access to the entire MicroPatent network to people with old passwords. Once inside, they could inhabit the network undetected – in much the same way that anyone with a key to one abandoned house on a block of abandoned houses can live in a populous city without anyone knowing he is there. And MicroPatent’s stalker was lurking on one of its network’s nether zones.

    By 2003, MicroPatent had become so frustrated with its unknown stalker that it reached out to the F.B.I. for help. But with its resources spread thin, the F.B.I. could not pin down the stalker’s identity, his motivations or how he managed to trespass on MicroPatent’s electronic turf. A year later, MicroPatent hired Stroz Friedburg and secured the services of Eric D. Shaw, a clinical psychologist who had once profiled terrorists and foreign potentates for the C.I.A.

    The first order of business, investigators said, was to narrow the field of MicroPatent’s potential stalkers and to try to isolate the perpetrator. “You need to take the temperature of the person on the other side and determine how seriously you need to take them,” said Beryl Howell, who supervised the MicroPatent investigation for Stroz Friedburg. “Is it a youngster or is it someone who’s angry? Is it someone who’s fooling around or someone who’s much more serious?”

    Investigators said their examination of the stalker’s communications indicated that he was much more than a hacker on a joy ride. That would be consistent with what law enforcement authorities and computer security specialists describe as the recent evolution of computer crime: from an unstructured digital underground of adolescent hackers and script-kiddies to what Mr. Bednarski describes in his study as “information merchants” representing “a structured threat that comes from profit-oriented and highly secretive professionals.”

    STEALING and selling data has become so lucrative, analysts say, that corporate espionage, identity theft and software piracy have mushroomed as profit centers for criminal groups. Analysts say cyberextortion is the newest addition to the digital Mafia’s bag of tricks.

    “Generally speaking, it’s pretty clear it’s on the upswing, but it’s hard to gauge how big of an upswing because in a lot of cases it seems companies are paying the money,” said Robert Richardson, editorial director of the Computer Security Institute, an organization in San Francisco that trains computer security professionals. “There’s definitely a group of virus writers and hackers in Russia and in the Eastern European bloc that the Russian mob has tapped into.”

    Mr. Richardson is a co-author of an annual computer-security study that his organization publishes with the F.B.I. The latest version said that while corporate and institutional computer break-ins increased slightly last year from 2003, average financial losses stemming from those intrusions decreased substantially in all but two categories: unauthorized access to data and theft of proprietary information.

    Among 639 of the survey’s respondents, the average loss from unauthorized data access grew to $303,234 in 2004 from $51,545 in 2003; average losses from information theft rose to $355,552 from $168,529. The respondents suffered total losses in the two categories of about $62 million last year. While many cyberextortionists and cyberstalkers may be members of overseas crime groups, several recent prosecutions suggest that they can also be operating solo and hail from much less exotic climes – like the office building just down the street.

    In March, a federal judge in San Francisco sentenced a Southern California businessman, Mark Erfurt, to five months in prison, followed by three and a half years of home detention and supervised release, for hacking into the databases of a competitor, the Manufacturing Electronic Sales Corporation, and disrupting its business. In June, the F.B.I. in Los Angeles arrested Richard Brewer, a former Web administrator for a trade show company, accusing him of disabling his employer’s Web site and threatening further damage unless he was paid off. And last month in New York, the Westchester County district attorney’s office charged a Tarrytown businessman, Gerald Martin, with hacking into a competitor’s computer network in order to ruin its business by tampering with its phone system.

    Small-fry stuff, some of this, except that even local law enforcement officials say the episodes are multiplying. “We have 590,000 people in our county, but we’re seeing lots of examples of lax or lackadaisical computer security,” said Sgt. Mike Nevil, head of the computer crimes unit of the Ocean County, N.J., prosecutor’s office. “We’ve seen lots of examples of people going onto a competitor’s computer network and clearing out whatever information they can get.”

    For its part, MicroPatent initially believed that its problems were the work of a competitor. It sued one company that it suspected but later dropped that lawsuit. After Ms. Howell’s team joined the fray in late 2003, MicroPatent and its consultants began to isolate the stalker, using a small list of candidates distilled from earlier investigative work.

    Dr. Shaw’s analysis of e-mail messages led them to believe that they were tracking a technologically sophisticated man, older than 30, with a history of work problems and personal conflicts, who was compulsively obsessed with details and who might own weapons. The stalker was extremely angry and “holding a grudge,” Dr. Shaw recalled. “People like that can be very dangerous. He referred to himself as a soldier behind enemy lines.”

    Within a few weeks, Dr. Shaw’s analysis led the investigative team to focus on Myron Tereshchuk, a 43-year-old Maryland entrepreneur who ran his own patent business and had once been rebuffed by MicroPatent when he applied to the company for a job. And Mr. Tereshchuk was indeed their man. Members of Ms. Howell’s investigative team all said that Dr. Shaw’s profiling was a breakthrough in the pursuit, but that without the subsequent involvement of local and federal law enforcement officials, Mr. Tereshchuk would not have been captured.

    “It’s about grinding out a lot of data; it’s not about intuition – though years of working clinically with patients is certainly important,” Dr. Shaw said. “The Myron case involved a fair amount of case management because we needed to keep him talking, we needed to keep him engaged, so we could set him up for an arrest.”

    Indeed, the detective work that led to his arrest offers a revealing glimpse into how the new cat-and-mouse game is played in cyberspace – especially when the cloak of secrecy offered by newfangled wireless devices makes digital criminals so hard to track.

    In early 2004, private investigators began corresponding with the stalker, sending spoofed e-mail back to him in the “voice” of a MicroPatent lawyer. At the same time, federal authorities began physically tracking Mr. Tereshchuk’s comings and goings in the real world. By February, the stalker had also become an active e-mail correspondent with Mr. Videtto, the MicroPatent president.

    It was then that the stalker made a series of mistakes. Among them, he began to brag. In an e-mail message titled “Fire them all,” he informed Mr. Videtto that he had found valuable MicroPatent documents by going “Dumpster diving to the Dumpster and recycle bins located in a parking lot on Shawnee Road” in Alexandria, Va., where the company maintained a branch office. That allowed investigators to zero in on his location, further buttressing the notion that Mr. Tereshchuk, who lived nearby, was the author of the scheme.

    In the same message, the stalker wrote angrily that staff members at the United States Patent and Trademark Office in northern Virginia had snubbed him and given preferential treatment to MicroPatent employees. Several years earlier, a patent office worker accused Mr. Tereshchuk of threatening to bomb the agency.

    A computer forensics expert embedded a Web bug, a kind of digital tracking device, in one of the e-mail messages that Mr. Videtto sent to the stalker. But the stalker screened his e-mail with decoding devices that included a hex editor, software that allows users to preview the contents of incoming files, and he uncovered the bug. “Was it a script to capture my IP address?” the stalker wrote tauntingly to Mr. Videtto after finding the Web bug, referring to his Internet Protocol address. “I’ll look at it later with a hex editor.”

    Investigators said the failed bug worried them because they thought it might scare off the stalker, but by this point Mr. Tereshchuk had already demanded his $17 million extortion payment. He also clumsily revealed his identity by demanding that the money be sent to the person accused of threatening to bomb the patent office. And he kept sending e-mail messages telling Mr. Videtto that he had MicroPatent’s customer lists, patent applications, customer credit card numbers and the Social Security numbers of some employees, as well as the employees’ birth dates, home addresses and the names of their spouses and children.

    The stalker also threatened to flood the computer networks of MicroPatent clients with information pilfered from the company, overwhelming the customers’ ability to process the data and thereby shuttering their online operations – a surreptitious digital attack known as distributed denial of service, or D.D.O.S. Such assaults, analysts and law enforcement officials say, have become a trademark of cyberextortionists. Federal prosecutors in Los Angeles are currently investigating a group of possible cyberextortionists linked to a television retailer indicted there last August. The retailer was accused of disrupting competitors’ online operations, and prosecutors have called suspects in that case the “D.D.O.S. Mafia.”

    “D.D.O.S. attacks are still one of the primary ways of extorting a company, and we’re seeing a lot of that,” said Larry D. Johnson, special agent in charge of the United States Secret Service’s criminal division. “I think the bad guys know that if the extortion amounts are relatively low a company will simply pay to make them go away.”

    Mr. Tereshchuk’s apparent ability to start a D.D.O.S. attack attested to what investigators describe as his unusual technological dexterity, despite evidence of his psychological instability. It also explained how he was able to evade detection for years, and his methods for pulling off that feat surfaced after the F.B.I. began following him.

    Using wireless computing gear stashed in an old, blue Pontiac, and fishing for access from an antenna mounted on his car’s dashboard, Mr. Tereshchuk cruised Virginia and Maryland neighborhoods. As he did so, federal court documents say, he lifted Yahoo and America Online accounts and passwords from unwitting homeowners and businesspeople with wireless Internet connections. The documents also say he then hijacked the accounts and routed e-mail messages to MicroPatent from them; he used wireless home networks he had commandeered to hack into MicroPatent’s computer network and occasionally made use of online accounts at the University of Maryland’s student computer lab, which he had also anonymously penetrated.


    BY late February of last year, however, the F.B.I. had laid digital traps for Mr. Tereshchuk inside the student lab, which was near his home. As investigators began to close in on him, his e-mail messages to Mr. Videtto became more frantic. A note sent on Feb. 28 told Mr. Videtto that if he forked over the $17 million then “everything gets deactivated, sanitized, and life will go on for everybody.”

    In his last e-mail message, sent several days later, he dropped his guard completely: “I am overwhelmed with the amount of information that can be used for embarrassment,” he wrote. “When Myron gets compensated, things start to get deactivated.”

    On March 10, 2004, federal agents swarmed Mr. Tereshchuk’s home, where they found the hand-grenade components and ricin ingredients. The agents arrested him in his car the same day, in the midst of writing his new crop of e-mail messages to Mr. Videtto.

    Late last year, Mr. Tereshchuk was sentenced to five years in prison after pleading guilty to a criminal extortion charge filed by the United States attorney’s office in Alexandria. Earlier this year he pleaded guilty to criminal possession of explosives and biological weapons, charges that the United States attorney’s office in Baltimore had filed against him. Possessing illegal toxins carries a maximum term of life in prison. Mr. Tereshchuk is expected to be sentenced this fall.

    Copyright 2005 The New York Times Company Home Privacy Policy Search Corrections XML Help Contact Us Work for Us Back to Top


  • G. Paul Burnett/The New York Times

    Gwyneth Paltrow, center, on the set for a short film she helped direct.


    August 10, 2005

    Gwyneth Paltrow Takes Her Turn Behind the Camera




    Gwyneth Paltrow yelled “Cut!” as if her life depended on it. Sipping hot green tea on one of the hottest days of the year, standing in a meandering Brooklyn apartment that had been transformed into a movie set, Ms. Paltrow was directing her first film, “Dealbreakers,” a short about the dubious charms of dating, with no small measure of authority.


    At one point, standing at the monitor in a pink camisole that said “Mrs. Martin” (she is married to Chris Martin, the lead singer of the rock group Coldplay), Ms. Paltrow suggested a longer camera pan for a shot of Travis, a goofy hippie offering his date some gorp.


    “One more shot, then on to Opera Man,” Ms. Paltrow said, referring to another bad date in the film, a 10-minute short about those dating moments when you realize it’s not going to work, usually because of something your date has said or done.


    Such moments of command were occasionally offset by more maternal concerns. Joined on the set by Apple, her 14-month-old daughter, Ms. Paltrow looked on in delight as Apple splashed in what had been a bucket of ice for water and soda.


    Ms. Paltrow, who splits her time between London and New York, called the film a chance to stretch artistically and to help a good cause.


    The short was one of four stories made into movies by an advisory board of female executives and actresses in Hollywood, assembled to further the cause of women in film.


    The board chose from among 4,000 fact-based 750-word essays about life-changing events submitted to Glamour magazine by its readers earlier this year. Ms. Paltrow was the co-writer and co-director of “Dealbreakers” with Mary Wigmore, a close friend and filmmaker who is Apple’s godmother.


    The Glamour “reel moments” entries included the usual tales of death and divorce and finding oneself after motherhood but also played with lighter moments of epiphany, like knowing when a date’s number is up.


    The set of films will eventually be shown in 25 markets starting in October, and a DVD containing them will also be inserted into the December issue of Glamour.


    The magazine will also make a donation to FilmAid International, a charitable organization that uses film to help communities deal with disasters. In this case, FilmAid will use the money for women in refugee camps in Kenya.


    “The brand is about the empowerment of women,” Leslie Russo, Glamour’s associate publisher said of the magazine’s involvement in the project. “Today, with the culture being so celebrity-obsessed, how do we extend that message? How do we support the telling of real women’s stories in Hollywood?”


    Glamour picked Moxie Pictures, a bicoastal commercial and feature film production company, to develop the stories, produce the shorts and assemble the advisory board that selected the essays and helped to cast the films. The board included the actresses Katie Holmes, Lucy Liu and Julianna Margulies, as well as Meryl Poster, the former president of production at Miramax Films; Caroline Kaplan, a vice president at IFC Entertainment; and Cara Stein, the chief operating officer at the William Morris Agency.


    The winning essays were matched with female talent behind and in front of the camera, including, besides Ms. Paltrow; Jenny Bicks, the Emmy-winning writer and executive producer of “Sex and the City”; the director Trudy Styler (the mini-series “Empire”); and the actresses Rosario Dawson and Debi Mazar.


    Of the three other films, one fixes on a woman’s quest to find the right little black dress, while another concerns a woman trusting her instincts on what’s missing in her life. The last is about a housewife’s accidental encounter with transvestites.


    Ms. Paltrow said that she and Ms. Wigmore were both drawn to the comedic possibilities of “Dealbreakers,” and structured the film as a faux documentary about the dating adventures of Fran, a 30-year-old New Yorker. They shot the film during three recent long, hot days in New York.


    “It’s been great,” Ms. Paltrow said of her first effort at directing. “It’s been really interesting to kind of get in here and see that I have an instinct for it.


    “I think I’m very sensitive to the actor’s perspective,” she continued. “Obviously, I’ve worked on 30 films so I think I’ve learned a lot about filmmaking through osmosis. I’ve spent basically 12 years of my life on film sets the whole time.”


    Ms. Paltow, 32, who won an Academy Award for best actress in 1999 for her role as Viola De Lesseps in “Shakespeare in Love,” is very much a child of show business. Her father, Bruce Paltrow, who died in 2002, was a producer and director; her mother, Blythe Danner, is an actress. Her brother, Jake, is a director.


    “My parents were very discouraging of me going into it,” Ms. Paltrow said of acting as a career. “I think there was sort of the sense in the 60′s still and the early 70′s that show business was not as respectable a profession as some others and I think they wanted me to do something more intellectual.”


    And yet, show business has treated her very well, indeed. There is already buzz about her next film, “Proof,” which is set for a Sept. 16 premiere. The movie, one of the last projects of the departing co-chairmen of Miramax, Harvey and Bob Weinstein, is based on the Broadway play about a mentally ill University of Chicago mathematician, played by Anthony Hopkins, and his unstable daughter Catherine, played by Ms. Paltrow. Ms. Paltrow said she hoped to work again with the Weinsteins, who are starting another production company after they leave Miramax on Sept. 30.


    Despite her own star power, she believes the industry has a ways to go when it comes to women.


    “I think a lot of women writers in Hollywood write from their own experience,” she said. “But normally in Hollywood those experiences get so kind of homogenized and put through the studio system that what started as a core idea from somebody’s life often gets turned in a movie that you’ve seen a number of times.


    “The men in Hollywood make it hard for women. I really believe that. What it means is that it’s kind of like the old-boy industries. It’s mostly run by men.”


    Ms. Bicks said that the television landscape had improved for women with the network success of ABC’s “Desperate Housewives,” and HBO’s former hit, “Sex and the City.”


    “It’s made a difference in pitching stories about women,” Ms. Bicks said.


    The Glamour project showed a group of talented women that they could handle jobs that some had not done before, Ms. Poster said. “I told Gwyneth she could tell people to move here, move there, without coming off as a fussy actress,” she joked.


    With women now leading the studios at Disney, Universal and Sony, “someone said to me that the male studio head is becoming an endangered species,” Ms. Poster said.


    She contended that the industry is much more female-friendly. Women aren’t directing films in large numbers, she said, because it’s an all-encompassing job that is not often compatible with the complexity of women’s lives.


    Still, Ms. Paltrow insisted, “it takes women to write short films about women or features about women.”


    “There’s no reason why,” she said, “if there’s ‘Wedding Crashers’ for boys, there can’t be something really funny yet intelligent for women, that has something to say for women.”






  • Nicholas Nixon

    Staying Home: A hospital bed in Goldie Gold’s apartment in Greenwich Village.

    August 7, 2005
    Will We Ever Arrive at the Good Death?
    By ROBIN MARANTZ HENIG

    The death rattle is what’s so unnerving. People who sit beside someone who is close to death, someone in a stage the experts call ”active dying,” might hear a sound that’s not quite a snore, not quite a gurgle, not quite a rasp. It doesn’t hurt; it probably isn’t something the dying person is even aware of. But it sounds terrible.

    ”Once the so-called death rattle starts,” says Charles G. Meys, a hospice nurse with the Visiting Nurse Service of New York, ”that’s usually an indication that the person is not coming back.”

    The sound, made with each intake of breath, is merely air moving across phlegm. ”Healthy people can cough it up or spit it out or swallow it,” Meys says, but a dying person is just not strong enough, so the secretions collect in the upper airways. ”And as they breathe in and out, it makes that sound — that sound that we have learned to fear.” To those watching, the person seems to be gasping for breath, asking to be saved.

    Meys tells family members that he can offer atropine to dry up the airways and soften the death rattle, and most of them ask for it. ”But it’s not for the dying person,” he says. ”It’s for the family.”

    Charles Meys is the vanguard of dying in contemporary America. He’s a hospice nurse of the kind that people in pain wish for: compassionate, soft-spoken, dedicated. He doesn’t look the part of a nurse: he’s 50 years old and a skinny 6-foot-3, with intense brown eyes and a long, graying ponytail. His mission is to help people get ready to die — even if it means, as it does surprisingly often, allowing them to deny that they’re dying.

    Hospice today is as different from its grass-roots origins as Charles Meys is from Florence Nightingale. It began in the 1960′s as an antiestablishment, largely volunteer movement advocating a gentle death as an alternative to the medicalized death many people had come to dread. People still dread those deaths; surveys show most of us want to die at home, not in a hospital, and want to die naturally, not hooked up to life support. But in recent years, hospice itself has become institutionalized, and it no longer means quite what most people take it to mean. Today there are hospice patients on ventilators, hospice patients with feeding tubes, hospice patients getting pacemakers, hospice patients receiving blood transfusions and cardiopulmonary resuscitation, hospice patients who panic when they can’t breathe and call 911.

    It’s all part of the new trend in hospice toward ”open access,” meaning that terminally ill patients can continue chemotherapy and other treatments and still get hospice benefits through Medicare. The idea began in the 1980′s, when AIDS patients started enrolling in hospices and weren’t quite ready to give up all medical options. Today hospice workers are also aligning with doctors in a field known as palliative medicine — an approach that emphasizes pain relief, symptom control and spiritual and emotional care for the dying and their families. With hospice becoming so inclusive, and with palliative care on its way to becoming a new medical subspecialty with its own licensing exam, the natural, machine-free deaths we say we want are starting to look a lot like the medicalized deaths they were meant to replace.

    The trend reflects society’s deep ambivalence about dying. During the long and public agony over the death of Terri Schiavo, debate centered on the right to make end-of-life decisions. But underlying the political posturing was a shared assumption that was barely acknowledged: the belief that dying is something over which we have some control. This death-denying culture has led to a system of care for the terminally ill that allows us to indulge the fantasy that dying is somehow optional.

    In many ways, we act as if we can avoid death indefinitely if only we’re quick enough or smart enough or prepared enough. Even hospice workers call their field by a new name that accentuates the positive: they used to say they specialized in ”death and dying,” but today the umbrella term is ”end of life.” The shift is subtle but significant — an emphasis on ”life” rather than ”death.”

    What we have, then, is a medical system for the dying that is as ambivalent about dying as we are ourselves.




    Goldie Gold was ambivalence personified. When I met her at the beginning of the summer, she was, at 72, still an attractive woman, even though her hair was sparse from recent chemotherapy. She sparkled and flirted with Charles Meys during his twice-weekly hospice visits, and she had a beautiful smile.

    The story of Gold’s final illness raises some questions that underlie the modern American death. How do we let go of a life? How much intervention is too much? When do all the small fixes stop making sense? How does a person know when to say, ”O.K., so this is what I’ll finally die of”? We rarely ask such questions, because we don’t believe, in our bones, that a terminal disease will end in an actual death. We don’t want to cut short a closing life by even a matter of days. We want to be able to say that we did everything we could.

    But the denial of death comes at a cost — a cost that goes beyond mere dollars and cents (though the dollars and cents involved are no small thing). Saving a dying person from one condition ”extends life a bit, changes the manner of dying, and may or may not, on balance, be a good thing,” writes Dr. Joanne Lynn, former president of Americans for Better Care of the Dying, in her book ”Sick to Death and Not Going to Take It Anymore!”

    Gold put a brave face on her situation. ”I’m not afraid of dying,” she said one wet summer afternoon, her head resting on a fluffy baby blue pillow. ”But I’m terribly unhappy about not living.”

    Gold was a smart, feisty woman, an atheist who called herself ”an ethical Jew and an ethnic Jew.” Pictures of her family — handsome husband, three children, eight grandchildren — were scattered around her tidy one-bedroom apartment in Greenwich Village, perched beside plush white couches and grinning down from the walls and shelves.

    After raising her children in Howard Beach in Queens, Gold returned to Manhattan, where she grew up. For 25 more years, she and her husband, Neil, a taxi driver, thrived on its vibrant street life. Then Neil got sick with pancreatic cancer, and Gold nursed him for two years until 1998, when he died in a hospital, with Gold and their children there with him in the I.C.U.

    Shortly after her husband died, Gold was found to have non-Hodgkins lymphoma. She went through aggressive chemotherapy and was declared cured. But last Thanksgiving she got a new diagnosis, metastatic ovarian cancer, and things were looking grim.

    Gold pursued chemotherapy at Memorial Sloan-Kettering, but after several months of that, her children persuaded her to sign up for hospice care as well. They wanted her to get the services hospice offered: home visits by nurses, social workers, dietary counselors and doctors; free medicine, with free delivery; free medical appliances, hospital beds, walkers; services from home health aides, physical therapists, chaplains; short-term 24-hour nursing care if she needed it; short-term hospitalization if she needed it; bereavement services for her survivors; and all of it covered by Medicare.

    Medicare regulations require that hospice patients must have a prognosis of less than six months if the disease runs its normal course. Gold probably understood that, but she may have expected to beat the odds — after all, Neil was given three months, and he lasted two years. And she had already beaten the odds once herself, with the lymphoma.

    Gold was able to stay upbeat, as long as she was feeling basically well. She remained feisty and provocative, sprinkling her conversation with language that could get a bit salty. But one night in June, she had trouble breathing. It was a Sunday night. She panicked. Her live-in home health aide panicked. They dialed 911.

    Dialing 911 is something that can get hospice patients into situations they don’t want to be in. Once they’re in an emergency room, all their careful planning to avoid high-tech interventions is subsumed by the medical imperative. Emergency-room workers don’t have time to wonder whether a dying person will benefit from rescue efforts, or whether the patient they pound back to life will ever recover anything like normal functioning. In fact, when physicians are asked whether they will abide by a patient’s advance directives, like do-not-resuscitate orders, the majority of them say, in essence, ”It depends.” In July of last year, the Archives of Internal Medicine published a survey that found that 65 percent of physicians wouldn’t necessarily follow a living will if, for example, its instructions conflicted with the doctor’s own ideas of the patient’s prognosis or expected quality of life.

    For a dying person, a trip to the emergency room might feel like a way to defeat death, but of course it won’t. One study of patients in hospital intensive care units, where the sickest E.R. patients go, showed that of elderly patients who survived their time in the I.C.U. — and who therefore were counted as medical successes — 50 percent were dead within the year.

    But Gold was frightened, and even though she knew she was dying, she didn’t want to die. So she asked the medics to take her to Sloan-Kettering. She was admitted that Sunday night and didn’t get out until Wednesday, after physicians had drained an accumulation of fluid in her abdomen, a common result of her kind of cancer. They took seven liters’ worth.

    ”That’s a lot of fluid, and it probably accounted for her distress,” Meys told me later. ”But when patients on hospice call 911, it’s not necessarily because they’re in physical distress. It could be emotional distress.” Meys says he has seen it often: people who act as if they have accepted their terminal status but who really have not. ”They may say, ‘I’m ready for the end, I’m ready for the disease to run its course.’ But in a moment of pain or distress, they get frightened, and they’re not ready.”

    Meys came to nursing late, enrolling in nursing school at SUNY Binghamton at age 36 after several years spent teaching at a middle school and traveling through Europe and Africa. His first job was at New York University Medical Center, where he worked with many cancer and AIDS patients and saw a lot of people die. ”I hate to say it, but I was put off by the way they treat some people in hospitals,” he says. ”Some doctors did really wonderful work, but others — well, it seemed to me that other doctors treated people past the point where you’d think it was appropriate.” If a stroke patient had been mentally incapacitated, for instance, ”and their quality of life was what I would perceive as being pretty poor, doctors would still be drawing their blood every day, balancing this medication and that, checking to see if the potassium is too high or the calcium is too low. To me, that was just staving off the inevitable — it didn’t make any sense.”

    Meys’s travels in Africa had made him want to find a way to ”do something I thought was useful,” he said. But his work as a hospital nurse wasn’t it. So in 1996 he quit his job at N.Y.U. He considered the Peace Corps, but by then, after a solitary life, he had met his wife, Nancy, and they wanted to stay in New York. So Meys took a job with the Visiting Nurse Service of New York and in 2002 became a part of its hospice program.

    In early June, Meys took me to meet Goldie Gold, who had just gotten home from the hospital after her 911 phone call. She was sitting up at the table in her little dinette, dressed in a T-shirt and slacks, bantering with her private health aide, a pretty blond woman from Colombia named Martha Bernal. (”I love this girl,” Gold told me. ”She’s magical; I want to adopt her.”) As Gold and I spoke, Bernal hovered nearby, hugging Gold and sitting on her lap and speaking baby talk and putting girlish barrettes in her hair. It almost felt as if Bernal were trying to keep us from discussing anything that might upset the older woman, or maybe it was Gold who was trying to protect Bernal.

    For whatever reason, we didn’t talk much about dying that day. We talked about how she was getting ready to begin more chemotherapy the following week, and about how sad she was that her children had to watch her go through cancer treatment after having done so with their father seven years before. ”He was a saint as a patient,” she said. ”I don’t know if I can be as brave.”

    When I visited again in early July, the weather was wet and unseasonably chilly, and Gold was sicker. She was lying in a hospital bed that had recently been squeezed into her bedroom, and she had such bad acid reflux (which causes severe heartburn) that she was unable to keep down any food. She apologized each time she burped, and again whenever she vomited into a white plastic-lined wastebasket. Now she was wondering whether it was time to give up. ”I think about stopping everything,” she said. But her oncologist wanted her to keep fighting: ”The doctor says, ‘We’re not there yet,’ when I talk about stopping. So I say, ‘That’s easy for you to say; you’re not the one who’s throwing up.”’

    If she didn’t eat or drink, she didn’t have reflux and didn’t throw up. I asked Gold if she was hungry or thirsty; she wasn’t. So I asked why she kept eating. She didn’t quite understand my question, and I didn’t press it. But still I wondered: why did she keep eating? Out of habit? Obedience? Fear of worrying her loved ones? Bernal kept pressing food on her, spooning applesauce into her mouth as if she were a child, bringing her a can of diet ginger ale with a straw, urging her to eat a piece of the cheese danish that her son dropped off that morning. But each spoonful or sip came right back up within minutes, and Gold was clearly uncomfortable and embarrassed by her vomiting. Why not leave her be, I wondered, and have starvation be the way she dies?

    Meys was in Gold’s apartment that rainy day in July, taking her blood pressure, feeling her pulse, checking her back for bed sores, checking her ankles for the swelling that had bothered her the week before. Mostly he talked to her, crouching at her bedside. He gently stroked her arm and admired her manicure as they talked about symptoms. Gold’s big complaint was the reflux, so Meys made a phone call to the pharmacy for Carafate, a drug often taken for ulcers, which would coat her esophagus and might provide some relief.

    ”You’re taking Protonix and Pepcid now and they’re not doing you any good,” he told her. ”But this should help. You have to stop taking the Pepcid, but you can keep taking the Protonix, and then start the Carafate too. It comes in liquid form, but I think you’ll be able to keep it down.” He reminded Gold that it might take three days to see any result. He ticked off the days: Saturday, Sunday, Monday. ”By Monday this should help you feel better,” he said. He repeated all the instructions to Bernal too.

    But by Monday Gold was back in the hospital. Meys was disturbed to find out that Gold had never even started taking the Carafate, which arrived from the drugstore on Friday afternoon; she and Bernal seemed to have misunderstood his instructions and were afraid that it would interact badly with the pills Gold was already taking. ”If we can’t treat the symptoms,” Meys said to me in frustration, ”what good is hospice?”

    Gold had gone to the hospital for another tap to drain the fluid in her abdomen. While she was there, her oncologist, who had been so gung-ho up to that point, sat down with Gold and her children and agreed that it was time to shift gears: the chemotherapy wasn’t working, and there would be no more of it, not for symptom relief, not for treatment. As the family tried to wrestle with this new information, the oncologist admitted Gold to the hospital — a surprise to everyone, since the fluid tap was usually done as an outpatient procedure. Was Gold much sicker than they realized?

    In the hospital, Gold’s doctors diagnosed aspiration pneumonia, which forced her to remain hospitalized for another five days so she could get antibiotics intravenously. Another bit of ambivalence: here was a woman who had just been told that it was time to stop all chemotherapy, yet when she developed an infection, no one even raised the question of whether to treat it. Treating pneumonia is done almost instinctively, it seems; even Meys seemed flummoxed when I asked him whether antibiotics should have been withheld. It would have seemed a shame, I guess, to let her die, after all her struggling, of something so easily fixed. But what did she gain from those extra days? What did her anguished children gain? And what did society gain by spending thousands of dollars on her care? Since she was about to die anyway, did anyone ask: Is pneumonia the thing that Goldie Gold should die of?

    You could argue that Gold should have been allowed to die of starvation at her home, or of pneumonia in the hospital. But you could just as easily argue that it was better to help her hold on for as long as she could. Who can count the value of an extra week, or the feeling that you went out fighting?




    Gold said she was willing to enter hospice care in the first place only because of the recent innovation of open access. When her husband was dying, she didn’t sign him up for hospice because she didn’t want him to think she had given up on him. But with open access, there was no need to renounce treatment to enroll. That was why Gold was able to continue chemotherapy for the first three months that she was a hospice patient. It’s a classic case of having your cake and eating it: you can enroll in hospice and get the wide range of support services free through Medicare’s hospice benefit and still allow yourself to believe that you can live forever.

    The concept of hospice originated in Great Britain, where Dame Cicely Saunders, a social-worker-turned-physician who died July 14 at age 87, opened the world’s first modern hospice, St. Christopher’s, in 1967. The first American hospice, built on the St. Christopher’s model, opened in Connecticut in 1974 with financing from the National Cancer Institute. From then the movement grew, led by a handful of nurses and a slightly larger handful of volunteers.

    As a home-based health care service (except for a few free-standing residential hospices), hospice seemed to be a way to achieve more humane care and to reduce the nation’s ballooning health care bill. At the time, roughly a quarter of Medicare expenditures were for people in the last year of life. So Congress decided to push hospice through Medicare partly as a cost-cutting measure. This has led to an explosion in hospice nationwide: from about 1,500 programs in 1985, taking care of about 160,000 people, there are now about 3,300 hospices in the United States, caring for some 950,000 people a year. But strangely, there has been little change in the proportion of Medicare expenditures spent on people in the last year of life. Although the absolute dollar amount has changed — it was, on average, $25,000 for someone who died in 1999 — the proportion remains stubbornly at about 25 percent.

    Roughly two million Americans die anticipated deaths — as distinct from deaths from accidents, violence or sudden illness — every year. Of these, about one-third died while in hospice care — some 710,000 people in 2003, the most recent year tabulated. This is a significant rise from the early 1980′s. But even as the hospice philosophy penetrates the health care marketplace, gaps remain. The length of stay in particular is a concern, with most hospice patients dying within two or three weeks of enrollment. This means that hospice, despite its growing public profile, despite its comprehensive coverage and despite open access, is still thought of as a place of last resort.

    This is where palliative medicine comes in. In simplest terms, palliative medicine is the care a patient gets at first diagnosis of a terminal illness; it’s a kind of pre-hospice care. The term itself was created as a euphemism, introduced in 1975 by an oncologist in Montreal, Dr. Balfour Mount. Mount realized that his French-speaking patients would respond poorly to a facility that was called a hospice, since the word in French refers to an almshouse for the aged and infirm. The word ”palliative,” derived from the Latin for ”to cloak” or ”to shield,” was already being used to mean treatment to relieve symptoms rather than to cure the underlying disease. It seemed a small step from there to the way the word has come to be used, as a branch of medicine that takes as its mission the prevention and relief of suffering, in particular the suffering associated with terminal illness.

    One leader in the American palliative-care movement is Dr. Diane Meier, a petite whirlwind of a woman who is head of the palliative-care program at Mount Sinai Hospital in Manhattan and is director of the Center to Advance Palliative Care, a national advocacy group with headquarters at Mount Sinai. She has taken on palliative care as her personal mission — a mission that began about a decade ago, when she peered into the open door of a hospital room and saw a patient writhing, arms and legs tied to the bed, trying to remove his feeding tube.

    Meier asked in horror what was going on and learned that the patient had first come to Mount Sinai about six or eight months earlier with a lung mass. He was found to have lung cancer and a single brain metastasis and was advised to have surgery, radiation and chemotherapy. He refused all three. His wife, it turned out, died of lung cancer two years earlier, and he did not want to go through what she had gone through. Against their better judgment, the hospital staff sent the man home, under the watchful, worried eye of his three children.

    Dying at home is not easy. Even though surveys indicate that about 70 percent of Americans say they want to die at home, few realize how grueling the work of dying can be. Almost everyone eventually needs care from either a paid assistant or, more often, a relative — and the toll is enormous. Think of it: the aide or family member is expected to bathe, dress and feed the dying person, to assist in the bathroom and to keep track of the narcotics and other powerful medications, as well as doctor visits. Even loving, healthy people have trouble when they’re thrust into this role for a family member or friend; what of family members who are ill themselves, or resentful, overburdened, exhausted, depressed?

    Few services were available at the time to the Mount Sinai patient. His cancer spread, and one day the man’s son found him unresponsive on the kitchen floor, where he had fallen during a seizure brought on by brain metastases. The son called 911.

    Readmitted to Mount Sinai, the man was sedated by a combination of antiseizure medication and the cancer itself. He was plagued by delirium and was only sporadically alert. He was in no position to reiterate his earlier decision to refuse therapy. The doctors decided that the only way to get food into the man, who was having trouble swallowing, was through a feeding tube, which has to be inserted through the nose, down the throat and into the stomach. It’s uncomfortable to get it in and to have it in, and the patient kept pulling it out. The doctors restrained his hands. He pulled it out with his knees. They restrained his feet. Still he somehow managed to dislodge the tube 17 times, and each time the hospital staff replaced it.

    Why, Meier asked the intern in charge of the man’s care, do you keep reinserting that tube, when it’s so clear the patient doesn’t want it?

    ”He looked at me, and I will never forget this young man’s face,” Meier told me. ”And he said, ‘Because if we don’t do this, he’ll die.”’

    Meier describes this as her ”light-bulb moment,” the instant that clarified for her that there was a way to bring medicine back to its original goals of healing and the relief of suffering. ”I realized that this young man really cared about this patient, wanted to do the best for him, was upset about the suffering he was causing — but he didn’t see any other way to do it.” Meier decided to help people like him find another way.

    Had there been a palliative medicine program in place in the hospital — of the kind Meier estimates are in place in or planned for about half of the 400 major teaching hospitals nationwide — the intern could have asked for a palliative consultation for the distressed patient Meier had witnessed. The palliative team might have advised how to care for a terminally ill patient who was rejecting his feeding tube. They might have offered some alternatives instead: prescribing antianxiety medication, for instance, or taking out the tube and offering small amounts of semisolid foods. Since the palliative physicians would have been the intern’s peers — unlike nurses, who would have lacked the authority to insist on leaving the patient alone — they could have presented their treatment perspective in a way that, in theory, might have got a more receptive response. This is generally how palliative-care consultations are now offered and received around the country.

    The American Board of Hospice and Palliative Medicine accredits fellowship training programs, and close to 2,000 internists, family physicians and other doctors have passed its certification exam. The next step would be for the American Board of Medical Specialties to recognize palliative medicine as a formal subspecialty, like neurology or cardiology. Meier says she hopes this will happen in the next few years.

    But while a palliative perspective is making inroads into hospital-based medicine, there is still something of a turf battle today between palliative medicine and hospice. Is hospice a subcategory of palliative care, or is it the other way around? Is it better to focus end-of-life care in the hospital or the home? Will palliative medicine put physicians back in charge of dying, remedicalizing the experience all over again? Will it turn suffering into just another disease to be cured?




    Death often comes as something of a surprise – which is odd, when you think about it, because people who die tend to be old and sick already. Some 80 percent of the Americans who die every year are on Medicare; the vast majority of them are suffering from one or more forms of what Joanne Lynn calls ”serious, eventually fatal chronic illness.” But death doesn’t usually announce itself in advance, like the Grim Reaper knocking on the door in an old New Yorker cartoon. The major killers have idiosyncratic ”dying trajectories,” says Lynn, most of which make the prediction of the actual time of death virtually impossible.

    Cancer has a dying trajectory that best fits the hospice model: a very gradual decline in function, usually over months or even years, so gradual as to be hardly noticeable, and then a sudden turn, a sharp decline and, within a couple of months, death. It’s with cancer deaths that physicians can make prognoses that are closest to accurate. When a patient with advanced cancer takes to bed with no clear and correctable cause, that usually means death is a matter of weeks, or at most a few months, away.

    But cancer is involved in only about 25 percent of anticipated deaths. Other common causes of death, together accounting for another 35 percent, are heart disease and lung disease. The dying trajectory for organ failure, which includes not only heart and lung failure but also failure of the liver or kidneys, is trickier than that for cancer. This one is a downward-spiraling roller coaster, a long, slow decline punctuated by valleys of periodic, and unpredictable, crises. The person often recovers from each crisis, though not quite to the same level of function. Eventually there’s a crisis that turns out to be the final one. And there are those people — with Alzheimer’s or Parkinson’s disease — who can dwindle over many years. These are the people who are the most difficult to care for.

    Death generally comes for most of us ”with unpredictable timing from predictably fatal chronic disease,” Lynn wrote in ”Sick to Death and Not Going to Take It Anymore!” But since the diseases are ”predictably fatal,” why do we so often feel blindsided by death, even the death of an elderly person suffering from a long-term condition? Because the hardest thing to do is to really, deeply believe that we or our loved ones will die.

    This explains why people keep going back to the hospital for more care. ”Even knowing that one more transfusion will not make a difference or that one more round of antibiotics or one more trip to the intensive care unit will not help,” wrote James Hallenbeck, an assistant professor at Stanford University, in his book ”Palliative Care Perspectives,” ”many have trouble breaking the cycle.” Patients and their families and even their physicians say they despise the miserable roller-coaster ride, he wrote, yet they often act ”as if they are addicted to it.”

    What we’re addicted to, it seems, is the belief that we can micromanage death. We tend to think of a ”good death” as one that we can control, making decisions about how much intervention we want, how much pain relief, whether it’s in the home or the hospital, who will be by our sides. We even sometimes try to make decisions about what we will die from. This can be valuable, as when a cancer patient with little hope of survival, like Goldie Gold back in mid-July, rejects debilitating chemotherapy. But often, our best-laid plans can go awry. Dying is awfully hard to choreograph.

    Charles Meys had a patient this summer who thought he had in fact arranged his dying, just as he had arranged most other things in his life. Meys didn’t know this patient well — like most people in hospice, he was under Meys’s care for only a short time — but he got an impression of him as a man who stuck to his decisions even in the face of conflicting new information. The patient, age 88, had been taking 10 to 12 different medications, many of them more than once a day, for hypertension and Parkinson’s disease, and in early 2005 he had been put on dialysis three times a week because his kidneys were failing.

    He was angry, he was tired and at the beginning of June he decided to stop everything. No more medications, he said — his Parkinson’s was making the pills too hard to swallow anyway, and if his wife chopped them up they tasted awful — and no more dialysis. This was when he was assigned to Meys.

    The patient and his doctors assumed that it would be kidney failure that killed him. Usually, death from kidney failure is relatively peaceful: a short time after dialysis is withdrawn, the patient slips into a coma and, soon after, quietly dies. To this man, that kind of death seemed preferable than the agony of living indefinitely with three chronic, progressive, debilitating diseases.

    ”I told him the first day I met him that it was entirely his decision,” Meys recalls, ”but that he had to realize that his blood pressure was extremely high, and that there were certain hazards associated with allowing it to stay that high without treatment,” like stroke or heart attack.

    The man’s withdrawal from dialysis did not spell the end for him. He lived on and on, his kidneys performing their job at suboptimal but tolerable levels for weeks. Still, he kept to his plan.

    Three weeks after he stopped dialysis, his hypertension still untreated, he suffered a stroke. Dying of kidney failure was the death this man chose. But dying after a stroke — which can be ”hellish,” Meys says, with the risk of incontinence, immobility and a long, dependent lingering — was the death he got.




    The uncertainty of prognosticating death makes it hard to devise a system of care for dying patients. Hospice was the first — and to date, most comprehensive — attempt, but it has several weaknesses. It depends on an accurate prediction of the time and manner of death. It is also essentially home-based care, with Medicare regulations requiring that any licensed hospice program have at least 80 percent of its services offered to people at home. But not everyone can manage a home death.

    ”There are some families who say, ‘If she dies at home, I’ll never be able to go back in that house,”’ says Dr. Kathleen Foley, former chief of the pain and palliative-care service at Memorial Sloan-Kettering Cancer Center in New York. ”Or an elderly woman will say: ‘I can’t let my husband die in this bed. I’d never be able to sleep in it again.”’ Or someone might realize, at the last minute, that the idealized fantasy home death — with the whole extended family gathered around the beloved scion in the four-poster bed — is just that, a fantasy, and that a hospital death somehow feels safer, more comfortable or more appropriate. ”We have to recognize that reality, that some families just never could have kept their loved one home to die,” Foley told me. ”We want hospice to be able to provide most of the care in those last days. But if the patient ends up dying in the hospital, that may be best for everyone.”

    Goldie Gold ended up in a residential hospice because her children didn’t feel they could cope with sole responsibility for the round-the-clock care she eventually required. On July 22, they moved her by ambulance from her apartment in the Village to the Hospice Inn in Melville on Long Island. By that point Gold was already spending most of her time in a delirious state, and her daughter Jaymie Corinella, who is 45, decided that Gold wouldn’t even notice her surroundings. ”Jaymie told me that in order to keep Goldie at home, they would have to spend all their energy trying to juggle everything, wondering how they could patch together 24-hour care for her,” Meys said that afternoon. ”If they put her in a facility, Jaymie said to me, ‘We can just focus on loving her.”’

    Hospice’s biggest recruitment hurdle is its reputation as last-ditch, brink-of-death care. Most sick people still don’t ask for it; it seems too much like giving up. Doctors are hesitant to recommend hospice, because it requires them to speak frankly about the inevitability of a patient’s death — something that most physicians are unwilling to do and that most patients are unable to hear.

    The six-months-to-live requirement for hospice admission was part of the 1982 legislation that made hospice a benefit under Medicare. Today hospice administrators chafe under it, and some would like to have it removed. But the rule serves an important purpose, says Carolyn Cassin, director of Continuum Hospice Care, the largest hospice in New York City. It limits the number of people entitled to the expensive benefit — and it provides an important psychological demarcation.

    ”It throws down the gauntlet” is how Cassin puts it. ”It’s not a bad length of time for Americans, who don’t want to die too soon. With six months left, you’ll still feel pretty good for most of that time. You could still make that trip to see your grandchildren or go to Hawaii or see the Eiffel Tower.”




    Who can say what it’s really like to die? You get only one chance to do it, and there’s no reporting back from the field. In her book ”Handbook for Mortals,” written with Joan Harrold, Joanne Lynn, who is also a senior scientist at the RAND Corporation, wrote about a seriously ill patient who opens his eyes and sees a nurse. ”Am I dead yet?” he asks. ”No,” says the nurse. He thinks for a moment and then asks, ”How will I know?”

    ”Studying death is somewhat like studying a black hole,” Hallenbeck, the Stanford palliative-care expert, says. ”You can study around it, but with death, like with black holes, there’s something intrinsic to the very process that defies our ability to analyze it.”

    Not long ago, Hallenbeck was the palliative-care consultant for two patients at the same time: an old woman dying of breast cancer and her middle-aged son, who was dying, too. The son, who had colon cancer, died first. The woman sat with Hallenbeck at her son’s bedside, finding herself in the odd — and you would think unbearable — position of watching her own child’s death from the disease that was also killing her. She studied her son’s face, asleep yet not asleep, not quite of this earth but not quite dead yet either. As Hallenback recalled, he breathed a little raggedly, making catlike purrs, and his features were slack, mouth open and eyes at half-mast. Then the old woman turned to Hallenbeck. ”I guess he’s getting close,” she said. Hallenbeck nodded. The old woman turned back to gaze at her son. ”Doesn’t look so bad, does it?” she murmured.

    It’s true: the last stage of dying can look surprisingly peaceful — at least to the people who have seen it over and over. But what’s going on inside? Hallenbeck has spent a good deal of time wondering about that. He says he would love for someone to attach electrodes to a dying person’s head to record electroencephalogram readings of the brain-wave patterns of dying — patterns that he suspects would look much like those of someone in a dream. But he adds that such an experiment would probably never be done. The moment of dying is considered too sacred, too intimate, for any scientist to ask to intrude with his electrode machines. Even though many people die with wires and tubes protruding from their bodies, those are theoretically there for the benefit of the dying person, not for the furthering of what some would see as a ghoulish kind of knowledge.

    Still, scientists are able to guess some things about the dying person’s state of mind. They have observed that anywhere from 25 to 85 percent of the actively dying are in altered states of consciousness during their final days. This is a wide range, probably explained by variations in how the investigators defined ”altered state” and how they determined the dying person’s mental status. Most things about a dying person’s state of consciousness must be inferred. Dying people may say things that sound delusional; they’ll talk about seeing their long-dead relatives assembling in the sick room, or they’ll ask, ”Where are the train tickets?” or ”How can I travel with all this baggage?” Hallenbeck considers this altered state to be a hallmark of dying. ”I’m pretty comfortable saying I’m not sure what this is about or what it signifies,” he says. ”But what I am comfortable saying is that we’ll all get a chance to find out.”

    Hallenbeck distinguishes toxic delirium — by which he means altered states caused by pain medication and other drugs — from terminal delirium, which is sometimes part of the dying process. The distinction is often made by process of elimination; if the patient is not taking drugs known to affect mental status, the presumption is that the delirium must be caused by something else, something intrinsic to dying. No one knows for sure what that ”something else” might be — activity in the optic region of the brain, perhaps, or the effects of the release of endorphins and other brain chemicals; a side effect of the dehydration common in the last days of life; a result of electrolyte imbalance; a psychological tool for tidying up unfinished business. According to Hallenbeck, all of this is prime material for further investigation.

    But even if scientists can’t say for sure what’s going on inside a dying person’s head, or why, they do tend to know how the last hours look. With the exception of those who die suddenly — that is, those who die from trauma, heart attack or stroke — death has many familiar hallmarks.

    Imagine that the person dying is you. This is something that is all but impossible to do — even in dreams we usually force ourselves awake before the last, fatal moment — but it’s an interesting exercise. So try to picture it: you’ve been in hospice care for, say, three weeks, and Charles Meys has been coming to your home twice a week to take your pulse and listen to your heart and talk about how to treat your pain and constipation. Today he tells your caretaker that you may have only a few days left to live.

    Your hands are cold to the touch; so are your feet. You twitch occasionally. Your face is drawn, your lips are dry and you don’t get out of bed even to use the bathroom. Using the bathroom is irrelevant by now anyway; you haven’t eaten anything for days, so your urinary and digestive tracts have just about shut down. Slowly, though you can’t necessarily feel it, all your other organs are shutting down, too.

    If you could see yourself, you’d see that your lips might look blue. Your hands and feet might be blue as well. You breathe rapidly, except for the long stretches of time when you don’t really seem to breathe at all.

    You spend your time in a kind of limbo between waking and sleeping. You know who you are and where you are, yet you’re seeing visions. Those relatives who have been dead for years appear and disappear at your bedside. You want to tell them something, but you don’t talk to them, nor do you mention them to your caretaker. Indeed, you don’t talk much to anyone, imaginary or real.

    Sometimes you moan, but you’re probably in no distress; that’s just what happens when your throat muscles go flaccid. Toward the end, your jaw moves up and down with every breath, almost as if you’re chewing something. And as you breathe, you make an eerie sound. It’s the death rattle; you are not coming back.




    The scariest part about dying, at least to me, is how it ends: with the immutable fact of no longer existing. But there are other common fears: dying alone and dying in pain. Today, say specialists in end-of-life care, no one has to do either.

    Palliative care began as the control of pain, and pain relief remains the hallmark of most end-of-life care, no matter where it takes place. At Continuum Hospice Care, six full-time doctors specialize in pain and symptom control at the end of life, and Cassin, the C.E.O., tells her staff members that ”no patient you come in contact with should ever be in pain.” She does not mean just physical pain, either, but also the kinds of pain that are more difficult to diagnose: emotional pain — which Cassin describes as ”I’m frightened”; psychological pain — ”my family hurts, my friends hurt”; and spiritual pain — ”I don’t know where I’m going, I haven’t been a very good person, I haven’t done the right things with my life.” As she explains to her nurses and health aides, ”You have just as much responsibility to alleviate that as you do to alleviate the physical pain — and if you can’t, you can know who to call in to help you, know when to call a chaplain, a massage therapist, a pet therapist, a doctor, a volunteer to play the harp.”

    Pain relief is much better than it used to be, but it comes at a cost, and for different patients, balancing the risks and benefits can be tricky. For one thing, the more you medicate someone for pain, the less likely the patient is to stay alert. Morphine, the most commonly used pain medication for the dying, can increase the dulling of the senses, contributing to the inability to think clearly, to articulate coherent thoughts. At the end of life, when clarity is slipping away, this befuddlement can be difficult to bear. ”It’s hardest for the family,” Foley says. ”They already feel so bad about losing their loved one, and if he takes this medication and becomes confused or delirious, they feel like they’re losing him that much sooner.”

    Pain medications can also make the patient constipated, sometimes so badly that a nurse must empty the bowels manually in order to avoid fecal impaction. Occasionally, laxatives act unpredictably, causing patients to soil themselves before they can get to a toilet. All of this can be mortifying. Just as some might rather stay awake and suffer, others might rather stay continent and suffer.

    For all that palliative-care physicians have learned about pain relief, however, most terminally ill patients still don’t get enough — partly because of fear of complications, partly because of uncertainty about how much the patient is suffering. In 1995, the Robert Wood Johnson Foundation published a landmark study, which surveyed the dying experiences of more than 9,000 Americans in the early 1990′s. The investigators surveyed family members who had observed the deaths and reported that half of the patients had spent at least half of their last 72 hours on earth in moderate to severe pain. Of course, studies like this, which depend on family observations, might be misleading, since relatives can easily misinterpret the reflexive moans and twitches of active dying, which need not indicate pain. Still, the overall impression was one of a dying process that was unnecessarily hard.

    ”There’s no reason for anyone who’s dying to be in pain,” Meys says. ”Pain is how we start. If we haven’t controlled pain, then nothing will be good.”




    My father died while sitting on the toilet. The terrible unseemliness of this, the image of him falling to the cold tile floor with his pants down around his ankles, has haunted me in the nine years since his death. I was living in a distant city, not involved at all in those final moments, but I imagine it anyway: my mother hearing the thump, rushing up the stairs and shouting: ”Sidney! Sidney!” through the closed bathroom door, opening it at last to see him slumped there, stripped not only of life but of dignity. For months, she held onto the torn pants that the medics ripped off during their doomed attempts at C.P.R.

    And yet, as humiliating as it would have been for my father and horrifying as it was for my mother, this was in many ways a good death. My father was chronically ill with kidney disease and had spent the previous five years getting dialysis three times a week. He had trouble walking. Yet at age 76 he was still active, still independent, still engaged; he still drove and went to movies and visited with friends and went to art museums. He had spent the last day of his life at a three-hour figure-drawing class that he loved. The heart attack that killed him was probably merciful in its deadliness. Had he recovered, he might have emerged permanently damaged, presenting his family with decisions to make about surgical intervention and end-of-life care that could have been wrenching.

    So we were spared many of the horrors I encountered while researching this article: no futile bouts in the intensive care unit, no fighting off the tubes or vents or machines, no need to ask ourselves what it was my father would have wanted.

    But just as we were spared something terrible, we were denied something good too: the chance to make my father’s death not only mercifully quick but meaningful. I found myself, as I read about hospice deaths and talked to my friends about the way their loved ones died, trying to imagine what kind of death I’d want for my mother, my husband, myself. I’d like a hospice nurse taking care of us, a nurse like Charles Meys, with comforting hands and a gentle voice and a direct, nonjudgmental gaze. And for myself, rather than dying of a sudden heart attack like my father’s, I’d wish for foreknowledge. I’d like to know that death was imminent, and approximately when it would come, and approximately how. But beyond that, the fantasizing stops. Like a dreamer seeing herself fall off a cliff, I can’t let myself get to the bottom, can’t imagine the final splat.




    Most of us will be old and sick when we die and will have had years to tell our loved ones just what it is about dying that most frightens us and, in broad brush strokes, just how we hope to die.

    The trouble is, most of us aren’t talking. The silence is another example of our ambivalence about death, our unwillingness to look it straight in the face even as we make noises about accepting it. We’re all so coy about the words we use. Last spring, on a visit to the Zicklin Residence, a new 18-bed hospice in the Riverdale section of the Bronx, only one of the four patients I interviewed admitted that she was dying. The others, despite the fact that they had needed medical prognoses of less than six months to get into Zicklin, all danced around the subject, and I, like their doctors and nurses, was hesitant to press the point. If they were choosing denial, who was I to force them to confront the ugly truth?

    ”I don’t use the word ‘dying’ very often,” says Cassin, whose company owns the Zicklin Residence. ”I try not to say ‘dying’ or ‘terminal’ or ‘end of life.’ I say ‘the last phase of your life.”’

    This hesitation about saying things out loud was a surprise to me. The big push in the early hospice movement was to get people talking frankly about death and dying. To pioneers like Cicely Saunders and Elisabeth Kubler-Ross, the medical profession’s unwillingness to talk about death, its complicity in pretending that the patient would eventually recover, was the very thing that made dying so terrible.

    Yet it seems, for all the medical edifices we’ve built to cater to the dying, we haven’t really changed much in the past 35 years. For months, I kept butting up against euphemisms. When I talked to a patient to whom Meier referred me — a smart, thoughtful woman with advanced ovarian cancer who was officially part of Mount Sinai’s palliative-care program — she said quickly: ”Palliative care? Oh, no, I’m not ready for that yet.” When I talked to a home hospice patient with advanced AIDS — a charming, introspective, plain-spoken man who confided that he had plans to end his life if the pain got too bad — he made me call it not ”dying” but ”passing over,” not ”assisted suicide” but ”hastening death.”

    Even Goldie Gold, who spent a lifetime being blunt, pulled her punches a little at the very end. A few days before she died, on July 26, of multiple-organ failure, she turned to her daughter Jaymie and said, ”This will be my final curtain.”

    These euphemisms can have profound implications about what kind of system is in place to cater to the dying — and what kind of treatment we can expect for ourselves when our time comes. According to the National Hospice Foundation, one-quarter of American adults over 45 say they would be unwilling to talk to their parents about their parents’ death — even if their parents had been told they had less than six months to live. Half of all Americans said they were counting on friends and family members to carry out their wishes about how they wanted to die — but 75 percent of them had never spelled out those wishes to anyone. A significant subset of that 75 percent had probably never even articulated their wishes to themselves.

    As J. Donald Schumacher, president of the National Hospice and Palliative Care Organization, said last April to the Senate Committee on Health, Education, Labor and Pensions, ”Americans are more likely to talk to their children about safe sex and drugs than to their terminally ill parents about choices in care as they near life’s final stages.”

    Diane Meier has worked against this reticence, not only in her professional life but in her personal life as well. Her father, 81 years old, suffered a debilitating stroke 10 years ago and was recently advised to have a diagnostic procedure for a possible aortic aneurysm, which might have required an operation. Meier, who is her father’s health care proxy, refused the procedure, and would have refused the operation too. ”I know that the more doctors do to my parents, the more problems they will create; I know that deep in my heart,” she says. ”I’m hoping to screen and protect them from that kind of well-intended but harmful intervention.”

    As for how she will face her own death, she admits that she doesn’t know. ”I hope and I pray that when that time comes for me, my work will give me greater restraint and perspective than I otherwise would have,” says Meier, who is 53. ”But my guess is that I’d be panicked and terrified, the same as everyone else.”


    Robin Marantz Henig is a contributing writer for the magazine. Her most recent article was about the rare childhood disease progeria.

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  • European Pressphoto Agency

    Ron Howard, in director’s chair, has heard from concerned Christians as he turns “The Da Vinci Code” into a film.

    August 7, 2005
    Sprinkling Holy Water on ‘The Da Vinci Code’
    By SHARON WAXMAN
    LOS ANGELES

    ON the face of it, Hollywood projects don’t get much simpler than “The Da Vinci Code,” a movie being shot in Europe this summer, based on the international publishing phenomenon by Dan Brown.

    All the ingredients are there: a blockbuster book with 36 million copies in print, an Academy Award-winning team in the writer Akiva Goldsman and the director Ron Howard (for “A Beautiful Mind”), and an Oscar perennial, Tom Hanks, in the lead, as the Harvard professor Robert Langdon. Sony Pictures, the studio behind the film, would seem well on its way to that rarest of successes: an adult-oriented franchise with a built-in audience and plenty of potential for sequels.

    But “Da Vinci,” set for release in May, is shaping up as one of the movie world’s more complicated exercises – so much so that Sony has dropped a scrim of secrecy over the affair, refusing to discuss anything but the barest details. The script has been closely controlled. Outsiders have been banned from the set. And those associated with the film have had to sign confidentiality agreements.

    “There isn’t a hidden agenda, there isn’t any secrecy, it’s just because it’s so well known,” said Geoffrey Ammer, Sony’s president of worldwide marketing, explaining the low profile. “They’ve got a job to do to make the movie. It was easier for everybody to just go make the movie.”

    But executives and others connected with the project acknowledge that their silence is also a measure of concern about the potentially incendiary nature of the subject matter. The book, which is fiction, takes aim at central Christian dogma, claiming that Jesus had a child with Mary Magdalene, who was meant to be his true heir. It alleges an enormous coverup by the Roman Catholic Church, which, according to the book, usurped Mary’s place in favor of a male-oriented hierarchy that has suppressed what Mr. Brown calls the “sacred feminine.”

    Even before production began, the studio and the producers Brian Grazer and John Calley received letters from groups like the Catholic League and Opus Dei expressing concern.

    The Catholic League asked that Mr. Howard include a disclaimer acknowledging that the movie is fiction. Opus Dei, a conservative Catholic group, was particularly worried about its own depiction, because it is a central villain in the book. “The novel portrays Opus Dei in a completely inaccurate way; if the movie does the same thing it’s something we’d be concerned about,” Brian Finnerty, a spokesman for the group, said.

    Studio officials have consulted with Catholic and other Christian specialists on how they might alter the plot of the novel to avoid offending the devout. In doing so, the studio has been asked to consider such measures as making the central premise – that Jesus had a child with Mary Magdalene – more ambiguous, and removing the name of Opus Dei.

    “The question I was asked was, ‘Can you give them some things they can do to change it, to make it not offensive to the Christian audience?’ ” said Barbara Nicolosi, executive director of Act One, an organization that coaches Christians on making it in Hollywood. She said she was approached by Jonathan Bock, a marketing expert hired by Sony for his knowledge of Christian sensibilities, and included in the discussions Amy Welborn, who has published a refutation of “The Da Vinci Code” titled “De-Coding Da Vinci.”

    “We came up with three things,” Ms. Nicolosi said: the more ambiguous approach to the central premise, the removal of Opus Dei and amending errors in the book’s description of religious elements in art.

    Ms. Welborn said, “If the script took those very strong assertions that Brown makes, and softened them, made them more theoretical rather than bald statements of fact, that might do something.”

    Mr. Bock declined to comment about his involvement with the picture.

    Whether the screenwriter, Mr. Goldsman, has made any of those changes is uncertain, though the studio has publicly hinted that the film is a thriller that will play down religious themes.

    But changing the plot of a beloved novel has its own hazards and risks alienating the movie’s built-in fan base – those millions of people worldwide who devoured the book and made it, some claim, the most successful book in history after the Bible. (Mr. Brown’s agent, Heide Lange, said 36 million copies of “The Da Vinci Code” were in print.)

    “There’s no way you can take out the central point of the novel, that Jesus married Mary Magdalene and the Catholic Church has done everything in its power, including murdering millions of people, to cover it up,” said Carl E. Olson, co-author of “The Da Vinci Hoax,” a book refuting the “The Da Vinci Code.” He predicted that many devout people would be offended “unless they make a movie that bears a pale resemblance to the book, in which case they’d have a lot of irritated fans.”

    Mr. Ammer, Sony’s marketing president, said the studio would remain true to its source. “My biggest concern is that we make a movie that is entertaining, and that follows as close to the book as possible,” he said. “It’s not about any particular group, it’s about the mass appeal of the book. When you read a good book, you say, ‘I hope they don’t ruin the movie.’ “

    Mr. Calley, who was a Sony chairman before becoming a producer, said he considered the film “conservatively anti-Catholic,” as opposed to destructively so. “Look at the book,” he continued. “Yes, there are clerics that ding it, but there are clerics that are supportive.”

    Like the novel, Mr. Calley said, the movie can be a tool for discussing the origins of religion, even challenging its basic assumptions, which he said is a good thing. “In our society, most societies, we grow up with our religion given to us by our parents,” he said. “We’re never truly oriented into the history of it, the subtlety of it. The amazing thing about this book is it’s provocative: Is it all true? Isn’t it true? As a history book it’s extraordinary. As an exploration of the evolution of a particular religion, it’s extraordinary.”

    Mr. Calley was just exiting as chairman of Sony Pictures Entertainment when he made the deal to buy the rights to “The Da Vinci Code” in June 2003. He relied on a longstanding friendship with Michael Rudell, Mr. Brown’s lawyer, to corner the rights by offering a pay package that could exceed $5 million once the movie is released, according to people involved.

    And though the book is labeled as fiction, Mr. Brown has written and said in interviews that the tale is based on extensive research and historical fact, including a 1982 nonfiction book, “Holy Blood, Holy Grail” by Michael Baigent, Richard Leigh and Henry Lincoln, which Mr. Brown cites as a source.

    Many readers are convinced that “The Da Vinci Code” is largely true, though cloaked in fiction. Some fans make pilgrimages to sites mentioned in the book, including the Louvre and the Château de Villette in France and Westminster Abbey in Britain. The movie production has been filming on location in the Louvre and the chateau, but Westminster Abbey declined the producers’ request to shoot there, calling the book “theologically unsound.”

    Among those who take Mr. Brown’s revelations seriously is Olivia Hsu Decker, a real estate agent who owns the Château de Villette and lived there during the shoot in June and July. “This book revealed the truth that the Catholics have been hiding for thousands of years,” she said in a telephone interview. “The book is fiction, but it’s based on truth.”

    Ms. Decker added, “The book kind of explains to the world how the Catholic Church demonized women such as Mary Magdalene, and also have killed millions of women during the Crusades.”

    A half-dozen books published in the last two years rebut that very notion, and it is just this attitude that has fueled concern not only among Catholics, but Christian activists of other denominations as well.

    “A lot of people are getting their view of Christianity and the Bible from the book,” said Alex McFarland, a speaker and writer for Focus on the Family, an evangelical group. He said the message of the book “broke my heart.”

    In searching for a middle road through this thicket of competing agendas, Sony has opted to say nothing, at least for the moment. And there are signs that the studio has not ruled out attracting religious moviegoers, including those who made an international sensation last year of Mel Gibson’s film, “The Passion of the Christ.”

    “The phrase I heard used several times was ‘Passion dollars’; they want to try to get ‘The Passion’ dollars if they can,” said Ms. Nicolosi, referring to her conversations about the film. “They’re wrong,” she added. “It’s sacrilegious, irreligious. They’re thinking they can ride the ‘Passion’ wave with this. And I said, ‘Are you kidding me?’ ”

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  • NASA via Reuters

    Astronaut Soichi Noguchi worked in Discovery’s cargo bay during a 6 1/2-hour spacewalk.

    July 31, 2005
    For NASA, Misjudgments Led to Latest Shuttle Woes
    By JOHN SCHWARTZ

    This article was reported by John Schwartz, Andrew C. Revkin and Matthew L. Wald and written by Mr. Schwartz.

    “We are ready to fly.”

    It was June 24, and William W. Parsons, NASA’s shuttle program manager, was speaking to reporters on a telephone conference call from the Kennedy Space Center at Cape Canaveral, Fla. Two and a half years of study and struggle, he told them, were over at long last. The shuttle Discovery could blast off in July.

    At a closed-door meeting that afternoon, senior shuttle managers had ruled that the chances that debris from the giant external fuel tank would strike the Discovery at liftoff – in the kind of accident that doomed the Columbia and its seven astronauts in February 2003 – had been reduced to “acceptable levels.”

    The possibility that a large chunk of insulating foam might break away from a section of the tank called the protuberance air load ramp – PAL for short – never came up. It had been ruled out months earlier, checked off on a long list of items no longer worthy of urgent action.

    Last Tuesday morning, NASA’s contention that it had produced the safest fuel tank in shuttle history was shattered two minutes into the Discovery’s mission to the International Space Station. Two spacewalking astronauts tested repair techniques at the station yesterday.

    The 0.9-pound piece of foam that fell from the PAL ramp on liftoff, which could have led to another catastrophe if it had ripped away a minute sooner, forced the immediate suspension of future shuttle flights until the problem could be resolved.

    How did it happen? In hindsight, it is clear that the effort to resolve the PAL ramp problem was a chain of missed opportunities and questionable judgments, not just since the Columbia disaster but over the life of the shuttle program.

    Potentially useful tests were not performed. Innovative solutions were not seriously pursued. Tantalizing clues were missed. In the end, the old engineering maxim “If it ain’t broke, don’t fix it” trumped vague misgivings about a part that had not shed any foam, as far as anyone knew, since 1983.

    “After two and a half years, they should have been able to fix the foam,” said Paul A. Czysz, a professor emeritus of aeronautical engineering at St. Louis University and a veteran consultant to NASA.

    Now, with the future of the space station in the balance and the shuttle fleet just five years away from a mandatory retirement imposed by President Bush, NASA is still trying.

    The space shuttle’s external tank is used for just eight minutes, then ditched over the Indian Ocean. It holds more than half a million gallons of liquid hydrogen and liquid oxygen, the highly volatile gases the craft’s main engines burn on the leap into orbit. The tank is covered with plastic foam; without that, it would ice over with moisture sucked from the Florida air.

    At the dawn of the shuttle program, NASA rules said no foam at all should be allowed to hit the shuttle and possibly damage the fragile heat-resistant tiles that cover its aluminum skin.

    But fidelity to those standards was relaxed over time; in fact, foam fell from a PAL ramp in two early missions, including the one in June 1983 on which Sally Ride became the first American woman in space. There may have been many more incidents, but dozens of shuttle missions have been launched in darkness, with no visual record of foam, and the tanks themselves cannot be retrieved from the ocean for analysis.

    As the early tank was replaced with two lighter successors, the PAL ramps remained – one a 19-foot baffle along a channel for cables and pressurized lines along the forward end of the tank and the other the 37-foot strip along the flank of the cylindrical midsection of the fuel tank. And as experience showed NASA that shuttles returned safely despite well over 100 nicks and gouges requiring repair on many flights, the concerns abated over time.

    Until Feb. 1, 2003, the day the Columbia disintegrated on its way home to Cape Canaveral.

    It turned out that on liftoff, 16 days earlier, a 1.67-pound piece of foam had fallen from the tank and struck the leading edge of the shuttle’s left wing. Despite years of assurance that such a strike could do no serious damage – a mind-set the Columbia Accident Investigation Board would call the “normalization of deviance” – the foam had cracked open a hole that admitted superheated gases when the shuttle re-entered the atmosphere, burning it up like a torch from within.

    After the accident, NASA examined all possible sources of liftoff debris, eventually identifying more than 170. Engineers recognized that they could not eliminate all risk from debris, but they could do a much better job of reducing it.

    The PAL ramp became a focus of attention: like the bipod arm ramp, the part of the tank implicated in the Columbia disaster, it is covered with foam by hand. NASA conducted extensive wind tunnel tests to see whether the ramp could be removed.

    The wind tunnel tests of the ramp areas were all focused on aerodynamics – helping determine how air would flow around the craft and tank, or to improve understanding of where foam or ice or other debris might fly should it fall free of the tank. But there were no tests of the PAL foam itself at the speeds, pressures or vibrations of ascent.

    So the only tests of how the ramp material might hold up under the rigor of launching were the launchings themselves, with astronauts aboard.

    For many aeronautical engineers, a central rule in developing an aircraft is taking its components beyond the breaking point.

    “If you don’t break a wing, you just have assumptions about what might make it break,” said Aldo J. Bordano, a retired NASA aerosciences chief who was on a panel that studied the agency’s analysis of the external tank and foam.

    He said that while it was premature to conclude whether mistakes were made, many panel members were frustrated with the lack of physical testing of the foam under liftoff conditions.

    In any event, NASA decided that the tank without the ramp would expose the cables and hoses to destructive winds; agency engineers and managers considered alternatives but could not come up with any that inspired confidence.

    “The community was very diligent about looking at this,” Mr. Parsons said in announcing the PAL ramp problem last week. “We did realize that eventually one day we needed to put together a program to remove this PAL ramp if at all possible. But at the time, we didn’t have enough data where we could technically do that and be safe.”

    There was no evidence that the ramp had shed foam since the early 1980′s, he said, adding, “We had had very few problems with the PAL ramp and we decided it was safe to fly as is.”

    To Professor Czysz, of St. Louis, that decision shows limited imagination and NASA’s tendency to look inward for answers.

    “I think they tried to find the solution within their own ranks, using what they’re already familiar with,” he said. “They should have looked at more options,” perhaps including different formulations of foam that might be more flexible.

    But as Michael D. Griffin, NASA’s new administrator and an engineer himself, said Friday, that would have violated the old tenet about fixing what is not broken.

    “We debated and discussed whether the PAL ramp was broke” in the months that followed the Columbia disaster, he said. “The conclusion we came to was the wrong one, but the conclusion we came to after considerable study was that it was better to fly as is.”

    NASA engineers had already seen how fixes can break things. After they made a minor change in the foam application process in the late 1990′s to comply with environmental rules, small divots of foam rained off of the tank during ascent. The phenomenon, called popcorning, was caused by trapped bubbles; NASA solved the problem by venting the foam with tiny holes, but it was a reminder, if any was needed, that seemingly small changes could have profound effects.

    “Foam really is complicated,” said Douglas D. Osheroff, a professor of physics at Stanford and a member of the board that investigated the Columbia accident. “Once you go supersonic, the top surface melts, the bottom surface is brittle as all hell because it’s very cold, and you’ve got everything in between.”

    Although the material could be made less fragile by adding fibers to the foam, he noted, “that adds weight” to the shuttle, and any changes can take years.

    Ultimately, the accident board recommended that NASA find ways to prevent any shedding of foam or other debris. And NASA gained confidence during the time between flights that it was making progress.

    Among other things, it improved the training processes for applying foam by hand. At the Michoud tank assembly plant in Louisiana, an observer monitors every worker spraying foam – “for every sprayer there’s a watcher, a second pair of eyes,” said June Malone, a NASA spokeswoman.

    But the tank that flew with the Discovery last week was made before the new procedures went into effect, and NASA stopped short of requiring that the ramps be redone, said a spokesman, Martin J. Jensen.

    After the Columbia accident board issued its scathing report on the causes of the Columbia disintegration – especially a “broken safety culture” at NASA that had grown complacent about all sorts of risks – another independent group was set up to monitor the agency’s progress in fulfilling the accident board’s safety recommendations.

    That group, called the Stafford-Covey task force after the two former astronauts who led it, accepted NASA’s argument that the PAL ramp did not urgently require alteration.

    At its final meeting in June, however, it also found that NASA had failed to meet the goal of eliminating all debris. The group took issue with the way NASA determined that the foam chunks that might still fall off the tank were too small to cause critical damage. And it criticized the agency’s tendency to depend on computer simulations when physical experiments might yield more valuable data.

    Ultimately, however, the group accepted NASA’s contention that it had raised the level of safety in general.

    “You need to look at what the agency has done, not necessarily a scorecard,” said Richard Covey, a co-chairman. Indeed, the tank modifications have reduced shedding, according to the array of cameras and sensors installed in the wake of the Columbia accident, to 25 nicks and dings counted after the Discovery’s liftoff from the usual 145.

    On Friday, Mr. Covey, who was pilot of the first shuttle mission after the 1986 Challenger accident, said that in light of the PAL ramp incident, his group, too, had erred – but added, “We certainly weren’t any smarter, at that point, than the folks who were working it on the NASA side.”

    He agreed with the contention of NASA officials that the Discovery mission was a test flight that would provide data for further improvement. “You learn,” he said, “and then you go fix and then you fly again.”

    A NASA engineer who works on tank safety issues said other areas of foam shedding from the Discovery’s tank were even more troubling than the PAL ramp loss, especially a divot that popped from the vicinity of the left-hand bipod strut, the spot that shed the foam that brought down the Columbia.

    “We worked the hell out of that,” said the engineer, who was given anonymity because he said disclosure of his name would jeopardize his career. The loss of foam from that spot after so much work to correct the problem, he went on, proves that the problem is still far more complex than NASA understands.

    So the space agency is back to the drawing board. Some of the options under consideration have come up before, including the elimination of the ramp, a “miniramp” that shrinks the size of the strip by two-thirds, and a small “fence” on the opposite side of the tray that would smooth airflow further. Another possibility, rotating the tank so the ramp faces away from the shuttle, would take years, engineers say.

    Dr. Griffin, the NASA administrator, predicted Friday that the foam problem would be quickly repaired and said engineers would consider options that had not been tried before. But he added that the next generation of spacecraft would place cargo and crew members atop the tank and not on its side, where falling foam and ice invite disaster.

    “As long as we put the crew and valuable cargo above the tank, we don’t care what they shed,” he said. “They can have dandruff all day long.”

    Dr. Jon Clark, widower of the Columbia astronaut Laurel Salton Clark, said the Discovery incident should be a warning to NASA. He is still a “big fan of the shuttle,” he said. But “at some point you’ve got to say, ‘Wow, maybe the critics who say this is a really flawed design are right.’ “

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